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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Madhuri Dnyaneshwar Khandeshe – Appellant
Versus
State of Maharashtra – Respondent
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 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....
The court determined that seniority in 'C' category should be assigned from the date of obtaining relevant qualifications, not the initial appointment date.
Qualifying educational distinctions dictate seniority in teacher promotions; adherence to established regulations is essential for legal promotion pathways.
The date of entry into service should determine seniority, and any departure from this principle must be consistent with the requirements of Articles 14 and 16 of the Constitution.
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....
Once a decision is taken to which there is no challenge but if aforesaid decision is implemented by an Authority or in a manner against provisions of law or in excess of Authority or jurisdiction ves....
Seniority and qualifications of teachers must be considered in promotions, and special favors should not influence promotion decisions.
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