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2023 Supreme(Bom) 2079

M. S. SONAK, B. P. DESHPANDE
Jairam N. Kerkar – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Vivek Rodrigues, Advocate, Kevin Braganza, Advocate, Neehal Vernekar, Advocate, D.Lawande, Advocate, P.Dangui, Advocate, Akshaya Joglekar, Advocate, Gajendra Usgaonkar, Advocate

JUDGMENT/ORDER

M.S.SONAK, J. - Heard Mr Vivek Rodrigues who appears along with Mr Kevin Braganza for the Petitioner, Mr Neehal Vernekar, learned Additional Government Advocate appears for the first and second respondents, Mr D. Lawande who appears along with Mr P. Dangui and Ms Akshaya Joglekar for the third respondent and Mr Gajendra Usgaonkar for the fourth respondent.

2. The petitioner, the senior-most teacher in the feeder category, challenges his supersession and the consequent promotion of the fourth respondent to the post of headmaster of the Dnyanprakash Mandal Bicholim Higher Secondary School (said school) as vitiated by malafide and breach of the Goa School Education Act, 1984 (said Act) and the Goa School Education Rules, 1986 (said Rules).

3. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. Even otherwise, considering the history of litigations in this matter, notice was issued on 13/3/2023 by indicating that an endeavour would be made to dispose of this petition finally at the admission stage.

4. Mr Vivek Rodrigues, the learned counsel for the petitioner submits that the action of the managing c

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