P.D. Desai, J. - (1.) The Writ Petitioner, who possesses B.A. and B.Ed. degrees and belongs to a scheduled caste, is employed as Assistant Teacher in the School run by the first respondent. The second respondent is also employed as such in the same School. He possesses B.Sc and B.T. degrees and belongs to the O.B.C. category. The dates of appointment of the Writ Petitioner and the second Respondent are 10.6.1968 and 13.6.1960 respectively. In the seniority list of Assistant Teachers the second respondent stands at Serial No.1, while the Writ Petitioner stands at Serial No.10.
(2.) The post of Assistant Head Master in the School in question fell vacant on and from August 1, 1990. The Writ Petitioner was promoted as Assistant Head Master on September 1, 1990. The appointment of the Writ Petitioner to the said post was challenged by the second respondent by way of appeal before the School Tribunal, Pune, substantially on the ground that since the post of Assistant Head Master was an isolated one and since he was senior to the Writ Petitioner, he should have been given the promotion and not the Writ Petitioner. The School Tribunal allowed the appeal, set aside the order of promotion made in favour of the Writ Petitioner and declared that the second respondent should be deemed to have been promoted to the said post with effect from August 1, 1990, with continuity of service and all consequential benefits.
(3.) Hence the Writ Petition.;