1. Rule, returnable forthwith. The respondents waive service.

2. By this petition filed under Article 227 of the Constitution of India the petitioner seeks writ of certiorari or any other writ, order or direction in the nature of writ of certiorari for quashing and setting aside the order dated 16th July, 2015 passed by the Education Officer (Secondary) under Rule 12 of the Maharashtra Employees Of Private Schools (Conditions of Service) Rules, 1981 (for short “MEPS Rules) thereby declaring the respondent no.5 as senior to the petitioner. Some of the relevant facts for the purpose of deciding this writ petition are as under :

3. The respondent no.1 is a trust/society registered under the provisions of the Bombay Public Trust Act, 1950 and conducts the respondent no.2 school. The petitioner passed B.A. Examination in the year 1980 and obtained B.Ed. degree in the year 1983. The petitioner belongs to O.B.C., whereas the respondent no.5 belongs to open category.

4. It is the case of the petitioner that on 4th July, 1983 the petitioner was appointed in the respondent no.2 school in a clear and permanent vacancy as an assistant teacher in the trained under graduate scale. The pe