FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4794 OF 2011 "Rameshwar Uttamrao Kande and others Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.S. Jadhavar, Advocate for petitioner. Mr. V.D. Rakh, Assistant Govt. Pleader for respondent No.1. Mr. H.I. Pathan, Advocate holding for Mr. P.P. Dama, Advocate for respondent Nos. 2 and 3. CORAM :- B.R. GAVAI & R.M. BORDE, JJ. DATE :- 5TH SEPTEMBER, 2011. PER COURT :- 1] By way of present petition, the petitioner is praying for a writ of Mandamus, directing the respondent Nos. 2 and 3, to grant promotion to the post of Head Master, on the basis of seniority and qualification of Diploma in School Management. 2] Shri Jadhavar, learned counsel for the petitioner submits that in view of the Govt. Resolutions, seniority hs to be prepared on the basis of the date, on which a person acquires the qualification of Diploma in School Management. It is the contention of the petitioner that unless a person acquires the qualification of Diploma in School Management, he is not entitled to be promoted. In support of this submission, learned counsel for petitioner has relied upon the judgment of the Division Bench FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4794 OF 2011 "Rameshwar Uttamrao Kande and others Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 of this court in the matter of “Vitthal Fakruji Madavi and others Vs. Z.P. Chandrapur and another ” 3] Perusal of the Govt. Resolution dated 1/2/2008 would reveal that the Government has decided to make necessary amendment to the Maharashtra Zilla Parishad Act, 1961 so as to make compulsory, the obtaining of the Diploma in School Management course. It has further been provided that unless such amendment is incorporated, the Government Resolution dated 13th June, 2005 would hold the field. Perusal of the Govt. Resolution dated 13/6/2005 would reveal that what has been directed is that such of the Head Masters and Deputy Head Masters, appointed as such from the academic session 2004-05 must obtain the necessary qualification within 5 years. It is thus clear that as per the said Govt. Resolution, a person appointed as Head Master or Deputy Head Master can obtain diploma in School management within 5 years. 4] In so far as the contention that seniority has to be on the basis of the date on which said Diploma is obtained, is without merit. In so far as reliance on the judgment of the Division Bench, cited supra,( to which one of us (Gavai,J) is a party), is concerned, FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4794 OF 2011 "Rameshwar Uttamrao Kande and others Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 the said judgment considers clauses 3,4 and 5 of the Govt. Resolution. In the said Govt. Resolution, the date of acquiring B.Ed. Qualification was relevant in so far as determination of seniority is concerned. Such is not the case in Govt. Resolution dated 13/6/2005. As such, reliance placed on the said judgment is misplaced. 5] In our view, no case for interference is made out. Hence, the writ petition is dismissed. [R.M. BORDE,J.] [B.R. GAVAI, J.] grt/-