1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3405 OF 2008 Suresh Bhaskar Sankhe. ...Petitioner. Vs. Chairman/Secretary, Jogeshwari Education Society & Ors. ...Respondents. .... Mrs.Seema Chopda for the Petitioner. Mrs. M.P. Thakur, AGP for Respondent Nos.3 and 5 ..... CORAM :DR.D.Y.CHANDRACHUD, J. June 25, 2008. P.C.: The Petitioner had, before the School Tribunal, sought to challenge the appointment of the Fourth Respondent to the post of Assistant Headmistress. The qualifications for the appointment to the post of Headmistress are B.A. and B.Ed. Now it is an undisputed position that the original Fourth Respondent acquired both these qualifications respectively in 1987 and 1989, whereas the Petitioner acquired them in 1983 and 1993. In the circumstances, the Petitioner 2 qualified to fall in Category 'C' to Schedule F to the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, in 1993, whereas the Fourth Respondent had already qualified in 1989. In these circumstances, the Fourth Respondent was correctly held to be senior to the Petitioner. Both the candidates were granted the Trained Graduate Scale with effect from 30th June 1997. The grant of pay scale has no relevance to the question as to who entered Category ' C' first. In the circumstances, there was absolutely no merit in the appeal before the School Tribunal. The Fourth Respondent has thereafter, the Court has been informed, been promoted to the post of Headmistress and expired during the pendency of the proceedings before the School Tribunal. It is needless to clarify that the management would be entitled to fill up the vacant post, but shall do so in accordance with law. If the Petitioner has any grievance, she will be at liberty to make a representation before the appropriate authority which shall be duly considered in accordance with law. No case for interference is made out. The Petition is accordingly dismissed.