1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2818 OF 2009 1) East Khandesh Education Society, Jalgaon, through it’s president Arvind Bankatlal Lathi Age: 46 Yrs., occu. Business, r/o C/o Raosaheb Rupchand Vidyalaya, Jalgaon. - PETITIONER VERSUS 1) The State of Maharashtra Through its Secretary, Education Department, Mantralaya, Mumbai-32. 2) The Deputy Director of Education, Nashik Division, Nashik. 3) The Education Officer (Secondary), Zilla Parishad, Jalgaon. - RESPONDENTS ***** 2 Mr.AG Talhar, Advocate for Petitioner; Mr.VD Rakh,AGP for Respondents. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 13th November, 2009. ORAL JUDGMENT (PER:NARESH H. PATIL,J.) . Rule returnable forthwith, heard finally. 2) The petitioner/trust challenges the order dated 26.3.2009 passed by the Respondent No.3 - Education Officer (Secondary). The petitioner pointed that Mrs. Pratibha Ramesh Patil, who was working in unaided school as a teacher, was transferred and appointed as Headmistress to another school which receives grant-in-aid. Both these schools are run by the petitioner/trust. 3) Respondent No.3 – Education Officer (Secondary) rejected the approval to the 3 appointment (by transfer) of Mrs. Pratibha Ramesh Patil as Head Mistress on the ground that there are other qualified and eligible teachers available in the aided school, whose claim cannot be ignored. 4) The learned Counsel for the petitioner submits that all the employees working in the aided school have also given their no objection to the appointment of said Mrs. Pratibha Ramesh Patil. According to the Counsel, in the Seniority List of the above said two schools, which is placed on record, Mrs Pratibha Ramesh Patil stands as senior most teacher amongst the teachers of the schools. Therefore, even according to Schedule-F of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act and the Rules framed thereunder, said Mrs. Pratibha Ramesh Patil being a senior most teachers, deserves to be appointed as Headmistress. 4 5) Learned AGP obtained instructions from the Education Officer Mr. D.D.Patil, who is present in the Court, based on which, it is submitted by learned AGP that Mrs. Pratibha Ramesh Patil is found to be senior most teacher in the school. 6) Considering the provisions of the M.E.P.S.Act and the Rules made thereunder relating to seniority and appointment of Headmistress, we find that in the light of the submissions advanced and the contentions raised in the petition, the matter is required to be remanded back to the Education Officer (Secondary) to re-consider the decision of rejection of the approval to the appointment of said Mrs. Pratibha Ramesh Patil as Headmistress. Hence, we pass following order - 7) The impugned order dated 26.3.2009 passed by the Respondent No.3 – Education Officer (Secondary) Zilla Parishad, Jalgaon (Exhibit-I to 5 the petition) is quashed and set aside. The matter is remanded back to the Education Officer (Secondary) with a direction to re-consider the decision of rejection of the approval to the appointment of said Mrs. Pratibha Ramesh Patil as Headmistress and pass appropriate orders in this regard after hearing the management and Mrs. Pratibha Ramesh Patil within a period of four weeks from the date of receipt of the order and communicate a decision thereof to the petitioner/management. 8) Rule made absolute in the aforesaid terms. 9) The Education officer (Secondary) shall act upon the authenticated copy of this order signed by Court Sheristedar of this Court. sd/- sd/- (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp2818.09