SHOBHA D/O NATHUJI CHAHANDE Vs. EDUCATION OFFICER, ZILLA PARISHAD, CHANDRAPUR AND OTHERS

JUDGEMENT

(1.) THE petitioner seeks a mandate of this Court commanding the respondents that she be appointed as Assistant Head Mistress in the Girls Secondary School run by the respondent No. 2 with retrospective effect and the appointment of respondent No. 3 to that post is sought to be quashed.

(2.) FACTS giving rise to this litigation may be briefly stated as follows : The petitioner holds a degree of M. Sc. and B. Ed. The respondent No. 2 Nevjabai Hitkarini Education Society runs two High Schools at Brahmapuri. of which the Girls High School is one. The petitioner entered the service of respondent No. 2 on 19 -6 -1978 vide Annexure -1. She joined as Assistant Teacher in the Girls High School on the pay scales admissible then. She was confirmed in that post subsequently. She continues to serve with that Girls High School even today. The respondent No. 3 was also serving as Assistant Teacher in the High School run by the respondent No. 3. He joined sometime in 1966 and continues to be one of the seniormost teachers in that institution even today.

(3.) THE respondents Nos. 1 and 4 preferred not to respond to the notice issued by this Court. Respondents 2 and 3 appeared before this Court. The respondents 2 and 3 filed their submissions before admission. According to respondent No. 3', he was appointed long back on 20 -6 -1966 and he is one of the teachers in the school and definitely senior to the petitioner. According to him. the Girls High School is not a separate entity. It is a part and parcel of the Boys High School run by that institution and teachers are freely transferred from one branch to another. According to him. as shown in the seniority list he is senior to the petitioner and he also belongs to scheduled caste community. He being the seniormost man was appointed to the post of Assistant Head Master and this appointment was perfectly legal. His appointment dates back To 12 -12 -1986 and since then he is working in that post. According to him. exception carved out in sub -rule (4) of rule 3 of the Rules is applicable to the post of Head Master and not to the post of Assistant Head Master.