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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S.Jawalkar, M.W.Chandwani
Vijay Laxmanrao Avhane – Appellant
Versus
Deputy Director of Education, Amravati Division – Respondent
JUDGMENT :
Heard finally by consent of representative of the Petitioner and learned Counsel for the Respondents.
2. Being aggrieved by the order dated 09/02/2022 passed by the Deputy Director of Education, Amravati Division, Amravati and the consequent communication dated 15/02/2022 issued by the Chief Officer, Municipal Council, Deulgaonraja thereby publishing the seniority list and illegally showing the Petitioner as junior in the seniority list, thereby adversely affecting the right of promotion, the Petitioner has filed the present Writ Petition.
3. The facts giving rise for filing of the present Writ Petition are as under:-
4. The Petitioner is qualified as M.A. and Ph.D. The Petitioner has cleared B.A. degree in the year 1989 and has completed B.Ed in 1991. The Petitioner, as was possessing the qualification of B.A. as well as B.Ed, deemed to be appointed initially as Assistant Teacher on 04/08/1993. The Petitioner, thereafter, was made permanent as Trained Graduate Secondary School Teacher by way of the order dated 05/11/1993. The Petitioner, in all the seniority lists published by the Municipal Council from 1993 to 2018, was shown senior to one Shri Deshmukh (Respondent No. 4)
Qualifying educational distinctions dictate seniority in teacher promotions; adherence to established regulations is essential for legal promotion pathways.
The court determined that seniority in 'C' category should be assigned from the date of obtaining relevant qualifications, not the initial appointment date.
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....
Seniority among teachers is determined by the date of acquiring training qualifications, not merely by the date of appointment.
Seniority among teachers is determined by the date of substantive appointment and possession of requisite qualifications at that time, with untrained teachers not equating their service with trained ....
The seniority of employees in educational institutions is determined by the qualifications held and the date they entered the applicable statutory category, with later amendments interpreted to apply....
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....
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