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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S. Jawalkar, M.W. Chandwani, JJ.
Dr. Vijay Laxmanrao Avhane - Petitioner
Versus
The Deputy Director of Education, Amravati Division and ors. - Respondents
Writ Petition No. 1065 of 2022
Decided On : 15-07-2025
| Table of Content |
|---|
| 1. basis of the petitioner's grievance. (Para 2 , 4 , 5 , 6) |
| 2. petitioner's career and qualifications. (Para 3) |
| 3. petitioner's argument regarding qualifications. (Para 7 , 8) |
| 4. respondents' counterarguments concerning seniority. (Para 9 , 10 , 11 , 12) |
| 5. procedural aspects and alternative remedies cited. (Para 13 , 14 , 15 , 16) |
| 6. evaluation of qualifications and categorization. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. court's interpretation of equivalency of qualifications. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 8. counsel arguments regarding equivalency issues. (Para 30 , 31 , 32 , 33) |
| 9. understanding of the government resolution's role. (Para 34 , 35 , 36) |
| 10. past rulings relevant to equivalency and seniority. (Para 37 , 38 , 39) |
| 11. final legal assessments presented. (Para 40 , 41) |
| 12. resolution of the petition. (Para 42) |
| 13. conclusion and decision of the court. (Para 43) |
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) as Shri Deshmukh was appointed as Untrained Teacher and has completed B.Ed qualification during the course of service.
5. By the order dated 26/07/2017, the Petitioner, being senior to Shri Deshmukh, was promoted as Supervisor of the School. Thereafter, a fresh seniority list was published by Municipal Council thereby showing Shri Deshmukh as senior to the present Petitioner. Thereafter, on 13/04/2018, the Petitioner immediately submitted Representation/Complaint objecting the preparation of seniority list. On 17/04/2018, the said objection was rejected. As such, on 21/05/2018, the Petitioner submitted Representation to the Education Officer. According to the Petitioner, on 31/10/2018, although the objection of the Petitioner was pending, the Municipal Council by acting erroneously has promoted Shri Deshmukh as Assistant Headmaster. The Education Officer, by the order dated 20/12/2019, rejected the objections preferred by the Petitioner. Both the orders dated 17/04/2018 and 20/12/2019 passed by the Education Officer were challenged by the Petitioner before this Court in Writ Petition No. 1237/2020.
6. This Court, by the order dated 27/10/2021, set aside both the impugned orders and observed that the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules 1981 (for short, “MEPS Act and Rules”) do not apply to the Municipal Schools. The Petitioner was granted liberty to file appropriate Representation under the provisions of the Secondary School Code. Though under the provisions of the Secondary School Code, it was mandatory on the part of the Deputy Director of Education to adjudicate the dispute on merits, by the impugned order dated 09/02/2022, the Deputy Director of Education has simply referred the dispute to the Municipal Council. The Municipal Council has again preferred the very same seniority list and attem
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.
Pre-appointment training for qualification does not count as service time for seniority; probation completion required for promotion eligibility.
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