L.NAGESWARA RAO, HEMANT GUPTA, AJAY RASTOGI
MADHAVI – Appellant
Versus
CHAGAN – Respondent
Key Points: - The judgment holds that Chagan could not be treated as part of Category C from the date of initial appointment since he was not a graduate or trained teacher then; seniority depends on later qualification rather than initial unqualified appointment (!) (!) (!) . - It distinguishes Schedule F Clause 1 (primary school) and Clause 2 (secondary school) and applies Clause 2 for a secondary school to determine seniority (!) (!) (!) . - It concludes Madhavi was qualified for appointment under Section 5(5) and that Chagan’s attempts to claim seniority from initial appointment were not sustainable; the High Court’s review is set aside and Appeals allowed (!) (!) . - The decision cites Viman Vaman Awale for primary school seniority and Bhawna for secondary school seniority, clarifying their applicability to the respective contexts (!) (!) . - The Act requires appointment of duly qualified teachers; untrained service cannot count toward seniority for primary or secondary posts as per Schedule B and Rule 6 (!) (!) (!) .
JUDGMENT
Hemant Gupta, J.
The present appeals are directed against the common order of the High Court of Judicature at Bombay, Nagpur Bench, whereby, the review of the dismissed writ petition filed by respondent No.11[Hereinafter referred to as 'Chagan'] was allowed and the order passed by the School Tribunal dated 1.1.2016 was set aside.
2. The appellant2[Hereinafter referred as 'Madhavi'] herein was appointed with Shri Samarth Shikshan Sanstha3[For short, the 'School'] on a temporary basis on 16.7.1985. At that time, she possessed graduation and B.Ed, degrees and was accordingly placed in Category C of Schedule F of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 19814[For short, the 'Rules']. However, she was not appointed against regular vacancy. Chagan was thereafter appointed as Assistant Teacher at the School on 1.8.1985 for teaching the students of Vth to VIIth standards, possessing qualification of Senior Secondary Certificate and Diploma in Education at the time of appointment. He was placed in Category E of Schedule F of the Rules. Both Madhavi and Chagan were appointed for teaching the same section. The School later approved their appointments a
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