.. 1 .. WP.3000.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.3000 OF 2021

Shaikh Azimoddin Zainoddin

Age : 54 years, Occu : service as I/c. H.M.

R/o.Anglo Urdu High School,

Bhadgaon, Tq. Bhadgaon,

Dist. Jalgaon

.. Petitioner

Versus

1.

The State of Maharashtra

through its Principal Secretary

School Education Department,

Mantralaya, Mumbai.

2.

The Education Officer (Secondary)

Zilha Parishad, Jalgaon

Taluka & Dist. Jalgaon

3.

The Bhadgaon Taluka Urdu Education

Society, Bhadgaon

Office : Zakatdar Gali, Bhadgaon

Tq. Bhadgaon, Dist. Jalgaon,

Through its Secretary

4.

Mirza Nazim Beg Hakim Beg

R/o. Anglo Urdu High School,

Jalali Mohalla, Bhadgaon,

Tq. Bhadgaon, Dist. Jalgaon

.. Respondents

...

Mr. Shailesh Brahme & Mr. A.R. Syed, Advocate for the Petitioner

Mr. K.N. Lokhande, AGP for Respondent Nos.1 & 2

Mr. S.S. Kazi and Mr. Tarek Mobin H. Shaikh, Advocate for

Respondent No.3

Mr. P.D. Bachate h/f. Mr. H.P. Randhir, advocate for respondent no.4 –

Caveator

…

.. 2 .. WP.3000.2021

CORAM : MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

RESERVED ON : 19-08-2022

PRONOUNCED ON : 26-08-2022

JUDGMENT (PER SANDEEP V. MARNE, J.) :

.

Heard. Rule. It is made returnable forthwith. Learned

AGP Mr. K.N. Lokhande waives service for Respondent Nos.1 & 2,

learned advocate Mr. S.S. Kazi and learned advocate Mr. Tarek Mobin

H. Shaikh waive service for Respondent No.3, and learned advocate

Mr. P.D. Bachate h/f. Mr. H.P. Randhir waives service for respondent

no.4. At the joint request of learned advocates for the petitioner and

the learned AGPs, the matter is heard finally at the admission stage.

2.

The issue involved in the present case is, whether it is

mandatory to follow rule of seniority while appointing a Head Master

in a school managed by a minority educational institution.

3.

The issue arises on account of competing claims of the

petitioner and respondent no.4 to the post of Head Master in the

school managed by respondent no.3. It is common ground that the

school managed by respondent no.3 is a minority educational

institution. It is also undisputed that the petitioner is senior to

.. 3 .. WP.3000.2021

respondent no.4 in the seniority list. The petitioner is aggrieved by

the grant of approval to the appointment of respondent no.4 on the

post of Head Master ignoring his claim.

4.

The facts of the case, in brief, are as under:

.

In the seniority list of Anglo Urdu High School Bhadgaon

/ Pachora managed by respondent no.3, for the year 2017-18 the

name of the petitioner figured at Serial no.4, whereas the name of

respondent no.4 figured at serial no.6. The petitioner claimed that

a resolution was passed on 17.05.2020 by respondent no.3 for his

appointment as Head Master and accordingly an order was issued on

18.05.2020 appointing him as Head Master on permanent basis. He

claims that a proposal was sent by the management to the Education

Officer on 19.05.2020 and an approval was granted by order dated

17.07.2020 for his appointment as in-charge Principal for a period

upto 31-08-2020.

5.

While the petitioner was expecting approval for regular

appointment as permanent Head Master, order came to be issued on

03.06.2020 by Education Officer granting approval for regular

appointment of respondent no.6 as Head Master with effect from

01.06.2020. This order dated 03.06.2020 has been challenged in the

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present petition.

6.

It appears that one Mr. Amanulla Khan Ahmed Khan

claiming to be secretary of respond