1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The controversy involved in the present petition pertains to inter se seniority between the petitioner – Ashok Daduji Dongare and the respondent No.3 – Sunil Vasantrao Dumpalwar in the post of Assistant Teacher in a Private School, governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder (for short, “the MEPS Act” and “the MEPS Rules”).

3. The facts relating to the case are as under:

(I) The petitioner was initially appointed as Assistant Teacher on 16-7-1982, and at that time, he was possessing the qualifications of H.S.C. and D.Ed. According to the Management, the appointment of the petitioner was in Category 'E' of the Teachers under Schedule 'F' of the MEPS Rules, whereas the stand of the Education Officer, competent to determine the seniority, is that the appointment of the petitioner was in Category 'D'. The petitioner improved his qualifications by obtaining a bachelor's degree in Arts in the year 1986, and a bachelor's degree in Education in the year 1993. He w