1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4868 OF 2008 Shri Dhotre Damaji Sopan. ...Petitioner. Vs. Jan Seva Sangh & Ors. ...Respondents. .... Mr. Anil Kumar Patil for the Petitioner. Mr. A.G. Kothari for Respondent No.1. Mr. K.K. Malpathak for Respondent No.2. Mr. A.P. Vanarase, AGP for Respondent Nos.3 to 9. ..... CORAM : DR.D.Y.CHANDRACHUD, J. October 10, 2008. P.C. The Petitioner has challenged the judgment of the School Tribunal by which his appeal against the promotion which was granted to the Second Respondent to the post of headmaster, has been dismissed. The requirement for the post of headmaster under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, is that the candidate must possess experience of five years. Admittedly, the Petitioner was appointed as 2 an Assistant Teacher on 1st August 1992 and on 1st March 1996 when the promotion took place, the Petitioner did not fulfill the required condition for eligibility. Hence, inasmuch as the Petitioner did not fulfill the eligibility requirement, there was no merit in the appeal which was correctly dismissed. The Court has been informed during the course of the hearing of these proceedings that the question as regards the eligibility of the Second Respondent as a candidate belonging to the VJNT category is pending before the Aurangabad Bench. Counsel appearing on behalf of the Management stated before the Court that a Petition (Writ Petition 2985 of 2008) has been instituted by the Second Respondent in order to challenge the decision of the Divisional Caste Certificate Verification Committee at Aurangabad, dated 31st January 2008 invalidating his claim. The Writ Petition is stated to be pending before the Aurangabad Bench. It would be necessary for this Court to clarify that in these proceedings the legitimacy of the promotion which is granted to the Second Respondent has not been considered, since the Petitioner did not 3 fulfill, in any event, the required conditions for eligibility for promotion to the post of headmaster. Counsel appearing on behalf of the Management stated before the Court that should any vacancy arise in the future, the claim of all eligible persons will be considered in accordance with law. There is, therefore, no merit in the petition which shall accordingly stand dismissed. .....