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2017 Supreme(Bom) 2270

S.C.GUPTE
CHAGAN s/o NAMDEORAO ATHAWALE – Appellant
Versus
EDUCATION OFFICER (SECONDARY), ZILLA PARISHAD, AMRAVATI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. G. Loney, Adv
For the Respondent: M. A. Barabade,S. R. Deshpande, Adv.

JUDGMENT :

This petition challenges an order passed by the School Tribunal at Amravati in an appeal under section 9 of the Maharashtra Employees of Private Schools Act (“MEPS Act”). By the impugned order, the School Tribunal dismissed the petitioner’s appeal challenging (i) the promotion of respondent No. 4 (as Headmaster), (ii) promotions of respondent No. 5 (as Assistant Headmaster) and respondent Nos. 6 and 7 (as Supervisors), and (iii) the seniority list prepared by respondent No. 1 on 1st January, 2014.

2. On 1st August, 1985, the petitioner was appointed to the post of Assistant Teacher in the primary section of the 3rd respondent – school. At the time of his appointment, he was possessing the requisite qualification of S.S.C., D.Ed. for a Primary Teacher. Respondent No. 4 was appointed as an Assistant Teacher also in the primary section on 16th July, 1985. At that time she possessed the qualification of B.Sc., B.Ed.. On 24th November, 1988, Respondent No. 4 was appointed to the post of Secondary Teacher in the Higher Secondary School run by respondent No. 2, she having possessed the requisite qualifications for such appointment. Respondent Nos. 5, 6 and 7, who also possessed t






















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