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2016 Supreme(Bom) 1627

R.D.DHANUKA
Salim Gulab Mulla – Appellant
Versus
State of Maharashtra through the Secretary, School Education Department Mantralaya, Mumbai – Respondent


Advocate Appeared:
For the Petitioner:Mr. N.V. Bandiwadekar i/by Mr. Sagar A. Mane, Advocates.
For the Respondent:Mr. A.R. Metkari, AGP, Mr. Chetan G. Patil, Advocate, Mr. Prashant Bhavake, Advocate.

JUDGMENT :

R.D. Dhanuka, J.

Rule. Learned counsel appearing for the respondent waives service. By consent of parties, the petition is heard finally.

2. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order passed by the Education Officer (Secondary), Zilla Parishad, Satara holding that the respondent No. 4 is senior in service to the petitioner in the cadre of Assistant Teacher in the secondary school run by the respondent No. 3 Society and directing the respondent No. 3 to submit proposal of the respondent No. 4 as Head Master to the Education Officer. The impugned order has been passed by the Education Officer in exercise of power under Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short "the said MEPS Rules”). Some of the relevant facts for the purpose of deciding this petition are as under :-

3. The petitioner was born on 14th September, 1960 and has passed M.A.B.Ed. and is duly qualified to be appointed as an Assistant Teacher in the secondary school. The respondent No. 3 is the Education Institution registered under the provisions of the Bombay Public Trusts Act, 1950



























































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