1 aswp-8126-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8126 OF 2011 Mrs. Usha C. Joshi .. Petitioner Vs. The Education Officer and ors. .. Respondents Mr. Sarang S. Aradhye for petitioner. Ms. S.S. Bhende, AGP for respondent nos.1, 2 and 4. CORAM: B. H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. NOVEMBER 09, 2011. P.C. 1. Heard Mr. Aradhye the learned counsel for the petitioner. Ms.Bhende, the learned AGP appears for respondent nos.1, 2 and 4. 2. The petitioner holds degree of B.Sc. B.Ed. and came to be appointed as an Assistant Teacher on 18/6/1984. She claims that the respondent no.3 – society by its order dated 31/5/2011 appointed her to the post of Headmistress of Kawathekar Prashala run by the said society and she was called upon to take charge with effect from 1/6/2011. Subsequently, the management also submitted the proposal for approval to the Education Officer (Secondary), Zilla Parishad, Solapur on 7/6/2011. However, the said proposal was not approved by the Education Officer and he called upon the management to appoint Smt. Shobha Ramchandra 2 aswp-8126-11 Agawane to the post of Headmistress. Hence, this petition. 3. Mr. Aradhye has placed before us a copy of the seniority list drawn as on 8/8/2011 and as per the same, the petitioner appears to be senior to Smt. Agawane. However, it has been pointed out that the issue of seniority is in dispute and the proceedings under Rule 12 of the M.E.P.S. Rules to adjudicate upon the inter se seniority of the teachers are pending before the Education Officer (Secondary), Zilla Parishad, Solapur as of now. Unless the dispute regarding the inter se seniority of the Assistant Teachers is finally decided by the Education Officer, the appointment to the post of Headmistress by promotion cannot be considered. 4. We, therefore, direct the Education Officer (Secondary), Zilla Parishad, Solapur to decide the pending proceedings of inter se seniority of the Assistant Teachers in the schools run by the respondent no.3 – society as expeditiously as possible and in any case before 31/12/2011. Undoubtedly, all the concerned parties will have to be heard by the Education Officer before the seniority list is finalized. 5. Petition is disposed off in terms of the above directions. 6. Writ to go to the Education Officer (Secondary), Zilla Parishad, Solapur forthwith. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)