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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
NITIN W. SAMBRE, VRUSHALI V. JOSHI, JJ
Jayant Shikshan Sanstha, Amgaon (Railway), Tahsil Amgaon, District Gondia – Appellant
Versus
The Education Officer (Secondary), Zilla Parishad, Gondia – Respondent
JUDGMENT :
NITIN W. SAMBRE, J..
RULE. Rule made returnable forthwith. Learned Assistant Government Pleader Ms Kavita Bhondge waives notice of hearing for the respondent no.1. In view of the order proposed to be passed, service on the respondent no.2 is dispensed with.
Heard finally with consent of the learned counsel for the parties.
2. The challenge in the present writ petition is to the orders dated November 25, 2024 and December 27, 2024 passed by the respondent no.1-Education Officer whereby the proposal forwarded by the petitioner no.1-Jayant Shikshan Sanstha (for short, ‘the Society’) for grant of approval to the appointment of the petitioner no.2 on the post of Headmaster came to be rejected. By this petition, the petitioners are claiming directions against the respondent no.1-Education Officer to accord approval to the appointment of the petitioner no.2 as Headmaster with effect from November 01, 2024.
3. The facts, which are necessary for deciding the present writ petition, are as under:-
The petitioner no.1 is a registered Society and public trust which is managing the Panchsheel High School, Science and Arts Junior College in Tahsil Salekasa, District Gondia. The petitioner no
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
Seniority and qualifications of teachers must be considered in promotions, and special favors should not influence promotion decisions.
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
Court upheld the Education Officer's appointment rules, affirming decisions on teacher seniority cannot be contested without basis, and imposed costs for misuse of judicial processes.
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