1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 721/2010. Smt. Asha Shivcharan Shende . -: versus :- The Education Officer (Primary) Zilla Parishad, and ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 30, 2010. This Court has already issued Notice for final disposal. Though respondents are served there is no appearance for them. Shri P. Shende, learned counsel for petitioner points out that the Education Officer has considered the dates of approval and not initial date of entry in service and therefore has taken recourse to date of birth for deciding the seniority. He further states that the inspection report of the School for the year 1988-89 clearly reveals that present petitioner Smt. Asha (then known as Asha d/o Tulshiram Borkar) was in service since 1978. This document not disputed by the management has not been considered. He has also relied upon the Full Bench judgment of this Court reported at 2006 [6] Mh.L.J. 682 (Vaijanath Tatyarao Shinde .vrs. Secretary, Marathwada Shiskshan Prasarak Mandal and others) to contend that date of 2 obtaining training qualification is the relevant date for ascertaining seniority. He argues that even this aspect is not considered by the respondent no.1 Education Officer. Considering the absence of respondents he has requested the Court to ask respondent no.1 to rehear the parties. In this background, I find the request reasonable and hence the impugned order dated 18.02.2009 is hereby quashed and set aside and respondent no.1 is directed to consider the inspection report of the School for the year 1988-89 and other relevant documents along with the law as laid down by the Hon'ble Full Bench of this Court and to redetermine the controversy as early as possible. The decision in this respect be taken in any case by 30.06.2010 after hearing all the concerned. Writ Petition is allowed in the aforesaid terms. Rule accordingly. No cost. JUDGE Rgd.