A person who has voluntarily resigned from the position of Head Master cannot subsequently claim the position at the expense of the incumbent Head Master, unless the resignation is challenged and proven to be forceful.

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties

2. The issue that falls for our consideration in this petition is as to:

(a) whether a teacher who has resigned as the Head Master, can again rise and put forth a claim that he again desires to become the Head Master.

(b) whether such a teacher can be permitted to reclaim the position of a Head Master once he has resigned?

3. This petition has been filed by petitioner No. 1, an Educational Institution, through it’s secretary and petitioner No. 2, a teacher at Sr. No. 3 in the seniority list, prior to the retirement of the senior teachers Shri. K.B. Bhamre on 31-5-2019 and Shri. P.A. Bhat on 30-9-2020.

4. The petitioner has put forth prayer clause “B” and ‘C” ass under:

“(B) Issue a writ of certiorari or writ in the nature of certiorari to quash and set aside the order dated 19-8-2020 passed by the respondent No. 2 the Deputy Director of Education, Nashik Division, Nashik.

(C) Issue a writ of mandamus or writ in the nature of mandamus to the respondent Nos. 2 and 3 the Deputy Director of Education, Nashik Division, Nashik and the Education Officer (Secondary), Zilla Parishad, Dhule, respectively, to consider the proposal submitted by petitioner No. 1 for appointment of petitioner No. 2 Harendrakumar Pandharinath Shete, senior most teacher as regular Head Master of the School viz. N.S. Patil Secondary and Higher Secondary School, Pimpalner, Tq. Sakri, Dist. Dhule.”

5. We have considered the strenuous submissions of the learned Sr. Advocate on behalf of the petitioners, the learned AGP on behalf of respondent Nos. 1 to 3 and Shri. Deshmukh, learned Advocate on behalf of respondent No. 4.

6. The facts of the case are that respondent No. 4 was before this Court in WP No. 4999/2019 making a grievance that he should be appointed as a Head Master as Shri Bhamre (S. No. 1) and Shri Sawle (Sr.No. 2) had retired, Shri Bhat (Sr.No. 3) was not interested in becoming the Head Master and Shri Shete, petitioner No. 2 herein, had resigned as the Head Master. This Court, vide order dated 20-8-2019, directed the Educational Institution to submit a proposal of the senior most teacher, apart from those who have declined to work as Head Master, to the Education Officer for a decision.

7. Pursuant to the above directions, the Education Officer considered the prevailing fact situation of Shri Bhamre having superannuated, Shri Bhat having declined and Shri Shete having resigned as Head Master and then proceeded to appoint respondent No. 4 Shri B. L. Chavan, who was then an immediate senior candidate eligible to be appointed as Head Master. However, the approval granted to Mr. Chavan was suddenly cancelled vide order dated 16-10-2019 passed by the same Education Officer who, in turn, granted approval to officiate as Incharge Head Master to Mr. Umesh Jayram Patil, who was down below at S. No. 6 in the seniority list for the year 2019-2020.

8. Shri Chavan, therefore, approached this Court in WP No. 110/2020 raising a grievance that he could not have been dislodged, in as much as, there is another teacher namely Mr. M. Y.Thingle below him and Shri Umesh Patil was even junior to Mr. Thingle. This Court, by order dated 9-3-2020, quashed the impugned order of the Education Officer and considering the role played by the Education Officer, directed the Deputy Director of Education to consider the whole issue and pass a fresh order.

9. As the Deputy Director of Education/respondent No. 4 herein delivered an order dated 19-8-2021 approving the appointment of Mr. Chavan as the Head Master, this petition has been preferred by the petitioners.

10. For clarity, we are recording the seniority list, as it was at the relevant time in A.Y. 2019-2020 as under:

1. Shri Bhamare Kishor Bhalchandra- Head Master (superannuated on 31-5-2019).

2. Shri Bhat Pramod Anant - Declined to be Head Master (superannuated on 30-9-2020).

3. Shri Shete Harendrakumar Pandharinath (petition