1 wp8803-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8803 OF 2010 Kailash S. Pal .. Petitioner versus The State of Maharashtra & Ors .. Respondents Mr.N.V.Bandivadekar for the petitioner. Mr.S.N.Bhosle, A.G.P for respondent Nos.1 and 2. Mr.A.S.Rao for respondent No.5. CORAM : S.C.DHARMADHIKARI, J. 28th JULY 2011. P.C.: . Heard both sides. It is a common ground that when the seniority list was directed to be revised by the Education Officer, he heard neither the petitioner nor the respondent No.5. However, upon a complaint by respondent No.5 that the Education Officer wrote to the management to forward the record, the management forwarded the record and the registers. On a scrutiny thereof and without any opportunity to both teachers, the Education Officer directed the revision of the seniority list. It is a common ground that as between the petitioner and respondent 2 wp8803-10.sxw No.5, there are other teachers also. They may be either senior to the petitioner or respondent No.5, or, in any event they may be junior to the petitioner, but, senior to respondent No.5. Everybody’s position gets affected and such an exercise does have some civil consequences. The consequences on the career and the scales of pay are such that they cannot be ignored or brushed aside. In these circumstances, when the Education Officer has not given opportunity to the petitioner, he is seriously prejudiced. The impugned order is, therefore, quashed and set aside on this ground alone. 2 The Education Officer will now decide the issue of seniority as between the petitioner, respondent No.5 and all teachers placed between the petitioner and respondent No.5 in the seniority list, by hearing each one of them and passing a reasoned order afresh. The said exercise be completed by the Education Officer as expeditiously as possible and within a period of six weeks from today. All contentions of both sides in that behalf are kept open. The petition is allowed in these terms but without any orders as to costs. (S.C.DHARMADHIKARI, J)