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 retrospectively to previous qualifications.

JUDGMENT :

SOMASEKHAR SUNDARESAN, J.

Context and Factual Background:

1. This Petition impugns an order dated September 2o, 2024 (“Impugned Order”) passed by Respondent No.2, The Education Officer (Secondary), Zilla Parishad, Pune in connection with the seniority list published by Respondent No.4, Shikshan Prasarak Mandal (“Educational Institution”) in its School, Respondent No.5, Vidya Vikas Mandir (“Secondary School”). For convenience, the Educational Institution and the Secondary School are collectively referred to as the “Employer.”

2. The Impugned Order declares the Respondent No.3, Suresh Kashinath Jarkad (“Suresh”) as being senior to the two Petitioners, Petitioner No.1, Madhuri Dnyaneshwar Khandeshe (“Madhuri”) and Petitioner No.2, Ankush Maruti Taware (“Ankush”). Madhuri and Ankush, being aggrieved by Suresh being treated as senior to them in terms of the Maharashtra Employees of Private Schools (Conditions of Services) Rules, 1981 (“MEPS Rules”) made under the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 (“MEPS Act”), have sought quashing and setting aside the Impugned Order.

3. The factual matrix summarizing the credentials of each of the persons relevant for adjudication of this Petition is summarized in the following manner :-

Suresh:

(a) Suresh joined the employment of the Employer on June 23, 1993;

(b) Suresh then held a Diploma in Education (“D.Ed.”), obtained on July 25, 1992;

(c) Suresh graduated with a Bachelor of Arts (“B.A.”) degree on June 20, 1996;

(d) Suresh went on to obtain a Bachelor in Education (“B. Ed.”) degree on July 3, 2007.

Ankush:

(a) Ankush joined the Employer on August 8, 1997;

(b) Ankush then held a B.A. degree, obtained on July 4, 1994;

(c) Ankush had already completed his B. Ed. on May 24, 1995.

Madhuri:

(a) Madhuri joined the School on July 23, 1997;

(b) Madhuri then held a Bachelor of Science (“B. Sc.”) degree, obtained on June 30, 1990;

(c) Madhuri had already completed her B. Ed. on May 5, 1993. Core Issue:

4. The core question to be answered is: Which of the three employees (among Madhuri, Ankush and Suresh) got into Category “C” of Schedule “F” to the MEPS Rules first, for reckoning their inter se seniority.

5. According to Madhuri and Ankush, their respective dates for entry into Category “C” of Schedule “F” to the MEPS Rules should be August 8, 1997 (for Ankush) and July 23, 1997 (for Madhuri) i.e. the respective dates on which they joined the Employer. This position is adopted on the basis that when they joined the employment of the Employer, each of them already had a basic graduate degree, and in addition, a B.Ed. degree.

6. Therefore, admittedly, Madhuri is senior to Ankush. The two Petitioners are aligned in their interest. They are not competing for seniority with each other. They jointly contend that in sharp contrast with the position declared in the Impugned Order, Suresh should be counted as having entered Category “C” of Schedule “F” to the MEPS Rules only on July 3, 2007, i.e. a decade after them, which is the date on which he obtained his B. Ed. degree. They contend that the Impugned Order is wrong in treating Suresh as having joined Category “C” with effect from June 20, 1996, the date on which he obtain