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2009 Supreme(Bom) 706

C.L.PANGARKAR
BHAGWANT SHESHRAO BORALE – Appellant
Versus
EDUCATION OFFICER – Respondent


Advocates:
A.A.NAIK, B.S.DESHPANDE, H.A.DESHPANDE

C. L. PANGARKAR, J.

( 1 ) BY this writ petition the petitioner a teacher challenges the order passed by the Education Officer holding respondents 4 and 5 to be senior to the petitioner. ( 2 ) THE facts are as follows: petitioner was appointed as a Assistant Teacher in the school run by respondent no. 2 for the academic session 1995-96 vide order dated 14. 1. 1996. The Education Officer had sanctioned one additional section each for Standard 5 to 7. As per the staff approval sanctioned by the Education Officer, there were in all 6 classes of Standard 5 to 7 in the school run by respondent No. 2. Petitioner submits that as per Government policy, teachers at ratio 1 : 3 are admissible for one class of Standard 5 to 7. Taking into account the ratio of the admissible teachers in these classes Education Officer had sanctioned 8 lower division teachers for Standard 5 to 7. By Order dated 9. 10. 1996 the education Officer granted approval for the academic sessions 1996-97. In fact two posts of trained graduate teachers in 25% quota are admissible for standard 5 to 7 as can be conveniently gathered from the said approval. The total number of graduate under graduate teachers admissible to th






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