Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.S.JAWALKAR, M.W.CHANDWANI
Adarsha Bahuudeshiya Mandal – Appellant
Versus
Education Officer (Secondary), Zilla Parishad, Bhandara – Respondent
JUDGMENT :
M.W. CHANDWANI , J.
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels for the parties.
3. The petition challenges the order dated 07.08.2025 passed by respondent no. 1-Education Officer (Secondary), Zilla Parishad, Bhandara appointing respondent no. 2-Bhishma Namdeo Tembhurne as Incharge Headmaster of the school run by the petitioner- Society.
4. Directions were issued to the Education Officer to decide the seniority of the teachers and also to consequently decide the question of the appointment of Incharge Headmaster as per Rule 3(3) of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 and Rules, 1981 (for short “MEPS Rules”). A number of Writ Petitions have been filed for appointment of teachers as well as on the issue of seniority amongst the teachers, more particularly for the purpose of securing the post of Incharge Headmaster.
5. The petitioner is a Society registered under the Bombay Public Trusts Act and runs educational institutions including Nisha Vidyalaya at Bhandara City. Due to a shortage of students, there was no regular post of ‘Headmaster’ in the school. As per Rule 3(3)
Court upheld the Education Officer's appointment rules, affirming decisions on teacher seniority cannot be contested without basis, and imposed costs for misuse of judicial processes.
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 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....
A person who has voluntarily resigned from the position of Head Master cannot subsequently claim the position at the expense of the incumbent Head Master, unless the resignation is challenged and pro....
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
