(Per R.M.S. Khandeparkar J.) :

Heard. The petitioner in the present writ petition seeks to quash the orders dated 6th September and 27th September of 2003 issued by the respondents no.1 and 3 respectively and further to declare the petitioner to be senior to respondent no.2 and consequently for directions to the respondents 1 and 3 to prepare the seniority list.

2. Undisputed facts are that the petitioner and the respondent no.2 are employed as the assistant teachers in the school run by the respondent no.1 under the name and style Municipal High School, Pavni. The petitioner had been in the employment since 1975, whereas the respondent no.2 was appointed on 27/06/1983. The appointment of the respondent no.2 was as a trained teacher. The appointment of the petitioner since 1975 was in the capacity as untrained teacher. However, the petitioner acquired training qualification, i.e. B.Ed. in the year 1983. It is also not in dispute that the petitioner had appeared for the B.Ed. Examination held for the year 1982- 83, the general results of such examination were declared on 25.5.1983 but the result of the petitioner was made known on 11.7.1983. In the background of these f