1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5619 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 5619 OF 2010 *** 1. Heard Advocate Mr. Kulkarni for petitioner, Advocate Mr. Deshmukh for Respondent No.3 and learned A.G.P. for Respondent Nos.1 and 2. 2. Respondent No.4 was already promoted as Head Master and that promotion was within knowledge of Petitioner. He did not challenge that promotion and lateron raised dispute only about the fixation of seniority inter-se. By impugned order, the Education Officer has found that as Respondent No.4 was promoted as Head Master prior to Petitioner, Respondent No.4 is senior. 3. It is apparent that the complexion of challenge before this Court is entirely different and hence time was given to petitioner to find out whether he is still interested in questioning promotion of Respondent No.4. Upon instructions, Advocate 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5619 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Shri Kulkarni states that the decision whether to challenge that promotion or not will be taken after the issue is decided by competent law Court. 4. In this situation, I find that question of seniority can be looked into by School Tribunal if any challenge in the matter of supersession is raised before it by the Petitioner. Hence, I am not inclined to interfere at this stage. With that liberty to the Petitioner, present petition is disposed of. 5. Needless to mention that contentions raised by Advocate Mr. Deshmukh and all defence available to other side are kept open for consideration of School Tribunal. [B.P.DHARMADHIKARI, J.] Dated:28/02/2011. ans/5619