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IN THE HIGH COURT OF BOMBAY AT GOA
SUMAN SHYAM, AMIT S.JAMSANDEKAR
Shilpa P. Pai Panandiker – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
(Per Suman Shyam, J.
1. Rule. Rule is made returnable forthwith with the consent of learned Counsel appearing for the parties. Learned Counsel appearing for the Respondents, waive notice.
2. Heard Mr. Lotlikar, learned Senior Counsel appearing for the Petitioner, Mr. Samant, learned Additional Government Advocate appearing for the Respondent nos. 1 and 2, Mr. Shivraj Gaonkar, learned Counsel appearing for Respondent no. 3 and Mr. Desai, learned Senior Counsel appearing for Respondent nos. 4 and 5.
3. The Petitioner herein is serving as Teacher-Grade 1 in Shree Ganesh Higher Secondary School, Ganeshpuri i.e. Respondent no. 5 herein, which school is managed by the Respondent no.4-Society. Assailing the Departmental Promotion Committee’s (DPC) recommendations made in the meeting held on 25.11.2024, whereby the name of the Respondent no. 3 has been recommended for the post of Principal of the Respondent no. 5- School as well as the consequential Order of promotion dated 26.11.2024 promoting the Respondent no.3 to the post of Principal, the present Writ Petition has been filed.
4. The facts and circumstances of the case, in a nut-shell, are that, the Respondent no.4-Society had es
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....
The court established that under Rule 86 of the Goa School Education Rules, seniority must be prioritized in promotions, and any deviation requires substantial justification, which was not present in....
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
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 court established that for determining seniority post-provincialization, the date of birth is the determinable factor when prior service in a venture school is not considered.
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....
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