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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Dilip Shankar Aware – Appellant
Versus
Balmohan Vidyamandir Trust, thru President/Secretary – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. By this Petition, the Petitioner challenges the judgment and order dated 30 August 2018 passed by the learned Presiding Officer, School Tribunal, Mumbai dismissing Appeal no. 28 of 2017 preferred by the Petitioner. In his Appeal, the Petitioner had questioned inter alia his supersession by Respondent no.3 on 1 July 2017. Incidentally, the Petitioner also raised the issue of fixation of seniority in Category ‘C’ teachers for the secondary school. First Respondent is an Educational Society which has established a prestigious school named Balmohan Vidya Mandir which runs both primary as well as secondary schools. In addition to School at Dadar, Mumbai it appears that the first Respondent-Society also runs another school at Talegaon. The Petitioner joined the services of the Respondent-School on 15 November 1990. At the time of his appointment in the Respondent-School, Petitioner held the qualification of SSC (1987) and D.Ed. (2 years) (1989). Petitioner bettered his qualifications after appointment and acquired the degree of Bachelor of Arts (B.A.) on 18 July 1992. He further bettered his qualifications and acquired the degree of Bachelor of Education
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.
Seniority and qualifications of teachers must be considered in promotions, and special favors should not influence promotion decisions.
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 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 ....
Seniority among teachers is determined by the date of acquiring training qualifications, not merely by the date of appointment.
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 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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