JUDGMENT

Shailesh P. Brahme, J. - Rule. Rule is made returnable forthwith. Heard learned Counsels for the litigating sides finally.

2. Petitioner is challenging order passed by the Deputy Director of Education, Aurangabad dated 04.03.2020 thereby confirming order dated 14.11.2019, revoking approval granted to the promotion of petitioner to the post of Head Master.

3. The petitioner and respondent no.5 and 6 are employees of respondent no.4/Educational Institution. There is no dispute about the dates of their appointment and status in the seniority list. Respondent No.6 was the senior most teacher at serial no.1 and the petitioner was at serial no.2 in the seniority list. Due to superannuation of earlier Head Master, on 31.05.2019 the post became vacant. The controversy involved in the petition pertains to promotion of the petitioner on to the post of Head Master.

4. It is the case of the petitioner that respondent no.6 gave consent for the promotion of the petitioner to the post of Head Master. He was promoted to the post of Head Master vide order dated 02.06.2019. Respondent No.3/Education Officer approved the promotion vide order dated 23.07.2019. Respondent No.5 who was not the clai