IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.3128 OF 1996 WRIT PETITION NO.3128 OF 1996 WRIT PETITION NO.3128 OF 1996 ASHOK NARAYAN KAMANE ASHOK NARAYAN KAMANE ASHOK NARAYAN KAMANE ADULT, R/O.LAXMI KHAR, ADULT, R/O.LAXMI KHAR, ADULT, R/O.LAXMI KHAR, JANJIRA MURUD, JANJIRA MURUD, JANJIRA MURUD, DISTRICT RAIGAD. ... PETITIONER. DISTRICT RAIGAD. ... PETITIONER. DISTRICT RAIGAD. ... PETITIONER. VS. VS. VS. 1. ANJUMAN-E-ISLAM JANJIRA 1. ANJUMAN-E-ISLAM JANJIRA 1. ANJUMAN-E-ISLAM JANJIRA HAVING OFFICE AT JANJIRA HAVING OFFICE AT JANJIRA HAVING OFFICE AT JANJIRA -MURUD, DIST.RAIGAD, -MURUD, DIST.RAIGAD, -MURUD, DIST.RAIGAD, 2. ANJUMAN-E-ISLAM AGRICULTURE 2. ANJUMAN-E-ISLAM AGRICULTURE 2. ANJUMAN-E-ISLAM AGRICULTURE HIGH SCHOOL & JUNIOR COLLEGE HIGH SCHOOL & JUNIOR COLLEGE HIGH SCHOOL & JUNIOR COLLEGE OF SCIENCE,JANJIRA-MURUD, OF SCIENCE,JANJIRA-MURUD, OF SCIENCE,JANJIRA-MURUD, DIST. RAIGAD. DIST. RAIGAD. DIST. RAIGAD. 3. MRS. MUSSARAT HARNEKAR, 3. MRS. MUSSARAT HARNEKAR, 3. MRS. MUSSARAT HARNEKAR, ADULT, OCCU.SERVICE C/O. ADULT, OCCU.SERVICE C/O. ADULT, OCCU.SERVICE C/O. ANJUMAN ISLAM AGRICULTURAL ANJUMAN ISLAM AGRICULTURAL ANJUMAN ISLAM AGRICULTURAL HIGH SCHOOL, JANJIRA-MURUD, HIGH SCHOOL, JANJIRA-MURUD, HIGH SCHOOL, JANJIRA-MURUD, RAIGAD. RAIGAD. RAIGAD. 4. STATE OF MAHARASHTRA. ... RESPONDENTS. 4. STATE OF MAHARASHTRA. ... RESPONDENTS. 4. STATE OF MAHARASHTRA. ... RESPONDENTS. MR. M.P.VASHI FOR THE PETITIONER. MR. M.P.VASHI FOR THE PETITIONER. MR. M.P.VASHI FOR THE PETITIONER. MR. A.P.VANARSE AGP FOR RESPONDENT NO.4. MR. A.P.VANARSE AGP FOR RESPONDENT NO.4. MR. A.P.VANARSE AGP FOR RESPONDENT NO.4. MR. D.G.SURANA ADV. FOR RESPONDENT NO.1 & 2. MR. D.G.SURANA ADV. FOR RESPONDENT NO.1 & 2. MR. D.G.SURANA ADV. FOR RESPONDENT NO.1 & 2. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. DATE : January 12, 2007. DATE : January 12, 2007. DATE : January 12, 2007. JUDGMENT JUDGMENT JUDGMENT 1. The Petitioner possesses qualification of 1. The Petitioner possesses qualification of 1. The Petitioner possesses qualification of H.S.C. D.Ed. The Petitioner is appointed as H.S.C. D.Ed. The Petitioner is appointed as H.S.C. D.Ed. The Petitioner is appointed as Laboratory Assistant in a school administered by the Laboratory Assistant in a school administered by the Laboratory Assistant in a school administered by the Respondent and is working as such. The Post of Respondent and is working as such. The Post of Respondent and is working as such. The Post of assistant teacher fell vacant and, hence, the assistant teacher fell vacant and, hence, the assistant teacher fell vacant and, hence, the petitioner set his claim for appointment as an petitioner set his claim for appointment as an petitioner set his claim for appointment as an assistant teacher. The Respondent instead of assistant teacher. The Respondent instead of assistant teacher. The Respondent instead of appointing the petitioner, appointed respondent No.3. appointing the petitioner, appointed respondent No.3. appointing the petitioner, appointed respondent No.3. Being aggrieved thereby, the Petitioner filed an Appeal Being aggrieved thereby, the Petitioner filed an Appeal Being aggrieved thereby, the Petitioner filed an Appeal under Section 9 of the Maharashtra Employees of Private under Section 9 of the Maharashtra Employees of Private under Section 9 of the Maharashtra Employees of Private Schools ( Conditions of Service ) Regulation Act, 1977, Schools ( Conditions of Service ) Regulation Act, 1977, Schools ( Conditions of Service ) Regulation Act, 1977, before the School Tribunal. The School Tribunal before the School Tribunal. The School Tribunal before the School Tribunal. The School Tribunal rejected the Appeal by observing that there is no rejected the Appeal by observing that there is no rejected the Appeal by observing that there is no element of supersession of a claim and thus, the element of supersession of a claim and thus, the element of supersession of a claim and thus, the Tribunal has no jurisdiction. It is observed by the Tribunal has no jurisdiction. It is observed by the Tribunal has no jurisdiction. It is observed by the Tribunal that the post of Laboratory Assistant is non Tribunal that the post of Laboratory Assistant is non Tribunal that the post of Laboratory Assistant is non teaching post and there is no promotional channel teaching post and there is no promotional channel teaching post and there is no promotional channel prescribed for promotion of a person from non teaching prescribed for promotion of a person from non teaching prescribed for promotion of a person from non teaching post to a teaching post. Schedule -F of the M.E.P.S. post to a teaching post. Schedule -F of the M.E.P.S. post to a teaching post. Schedule -F of the M.E.P.S. Rules, deal with the guide-lines for fixing of Rules, deal with the guide-lines for fixing of Rules, deal with the guide-lines for fixing of seniority of a non teaching staff, makes the following seniority of a non teaching staff, makes the following seniority of a non teaching staff, makes the following provisions with regard to the Lower Grade Staff. provisions with regard to the Lower Grade Staff. provisions with regard to the Lower Grade Staff. " SCHEDULE - F : " SCHEDULE - F : " SCHEDULE - F : LOWER GRADE STAFF- A common seniority LOWER GRADE STAFF- A common seniority LOWER GRADE STAFF- A common seniority list of Laboratory Attendant, Naik, list of Laboratory Attendant, Naik, list of Laboratory Attendant, Naik, Oilman, Machine Attendant, Peon, Oilman, Machine Attendant, Peon, Oilman, Machine Attendant, Peon, Watchman, Chowkidar, Sweeper, other Watchman, Chowkidar, Sweeper, other Watchman, Chowkidar, Sweeper, other lower grade staff, if any, shall be lower grade staff, if any, shall be lower grade staff, if any, shall be maintained on the basis of the dates of maintained on the basis of the dates of maintained on the basis of the dates of their appointment. If any of the lower their appointment. If any of the lower their appointment. If any of the lower grade staff improves his qualification grade staff improves his qualification grade staff improves his qualification as prescribed either for the post of as prescribed either for the post of as prescribed either for the post of Laboratory Assistant or Clerk, such Laboratory Assistant or Clerk, such Laboratory Assistant or Clerk, such employee should be given preference employee should be given preference employee should be given preference while filling in the said post while filling in the said post while filling in the said post according to his place in seniority". according to his place in seniority". according to his place in seniority". 2. A perusal of the said provisions reveals that 2. A perusal of the said provisions reveals that 2. A perusal of the said provisions reveals that if any of the Lower Grade staff improves his if any of the Lower Grade staff improves his if any of the Lower Grade staff improves his qualification as prescribed either for the post of qualification as prescribed either for the post of qualification as prescribed either for the post of Laboratory Assistant or Clerk, such employee should be Laboratory Assistant or Clerk, such employee should be Laboratory Assistant or Clerk, such employee should be given preference while filling in the said post. Thus given preference while filling in the said post. Thus given preference while filling in the said post. Thus a Laboratory Attendant can claim preference while a Laboratory Attendant can claim preference while a Laboratory Attendant can claim preference while filling in the promotional post of Laboratory Assistant filling in the promotional post of Laboratory Assistant filling in the promotional post of Laboratory Assistant or Clerk. The Tribunal is right in holding that the or Clerk. The Tribunal is right in holding that the or Clerk. The Tribunal is right in holding that the post of the Assistant Teacher not being a promotional post of the Assistant Teacher not being a promotional post of the Assistant Teacher not being a promotional post from Laboratory Assistant, there is no question of post from Laboratory Assistant, there is no question of post from Laboratory Assistant, there is no question of supersession of the claim. Section 9 vests the supersession of the claim. Section 9 vests the supersession of the claim. Section 9 vests the Tribunal with jurisdiction to deal with an Appeal only Tribunal with jurisdiction to deal with an Appeal only Tribunal with jurisdiction to deal with an Appeal only when an employee is superseded by the Management while when an employee is superseded by the Management while when an employee is superseded by the Management while making an appointment to any post by promotion. As the making an appointment to any post by promotion. As the making an appointment to any post by promotion. As the post of Assistant Teacher is not a promotional post post of Assistant Teacher is not a promotional post post of Assistant Teacher is not a promotional post from the post of Laboratory Assistant, Section 9(1)(b) from the post of Laboratory Assistant, Section 9(1)(b) from the post of Laboratory Assistant, Section 9(1)(b) of the Maharashtra Employees of Private Schools of the Maharashtra Employees of Private Schools of the Maharashtra Employees of Private Schools Regulation Act,1977 is not attracted and the Tribunal Regulation Act,1977 is not attracted and the Tribunal Regulation Act,1977 is not attracted and the Tribunal does not have jurisdiction to adjudicate the appeal. does not have jurisdiction to adjudicate the appeal. does not have jurisdiction to adjudicate the appeal. 3. Even on merits, the view taken by the Tribunal 3. Even on merits, the view taken by the Tribunal 3. Even on merits, the view taken by the Tribunal cannot be faulted. There is no merit in the petition. cannot be faulted. There is no merit in the petition. cannot be faulted. There is no merit in the petition. Hence, the same is dismissed. Rule discharged. Hence, the same is dismissed. Rule discharged. Hence, the same is dismissed. Rule discharged. ..... ..... ..... [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.] GR JD.No.4/98 dtd.3.7.76 Spl.HCASDD 28 GR JD.No.4/98 dtd.3.7.76 Spl.HCASDD 28 GR JD.No.4/98 dtd.3.7.76 Spl.HCASDD 28 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3128 OF 1996 WRIT PETITION NO. 3128 OF 1996 WRIT PETITION NO. 3128 OF 1996 DATE OF DECISION : January 12, 2007 DATE OF DECISION : January 12, 2007 DATE OF DECISION : January 12, 2007 For approval and signature : For approval and signature : For approval and signature : The Hon’ble Mr. Justice A.P.Deshpande: The Hon’ble Mr. Justice A.P.Deshpande: The Hon’ble Mr. Justice A.P.Deshpande: 1. Whether Reporters of 1. Whether Reporters of 1. Whether Reporters of Local Papers may be allowed Local Papers may be allowed Local Papers may be allowed to see the judgment? to see the judgment? to see the judgment? 2. To be referred to the 2. To be referred to the 2. To be referred to the Reporter or not ? Reporter or not ? Reporter or not ? 3. Whether Their Lordships 3. Whether Their Lordships 3. Whether Their Lordships wish to see the fair copy of wish to see the fair copy of wish to see the fair copy of the judgment? the judgment? the judgment? 4. Whether this case 4. Whether this case 4. Whether this case involves a substantial involves a substantial involves a substantial question of law as to the question of law as to the question of law as to the interpretation of the interpretation of the interpretation of the Constitution of India, 1950, Constitution of India, 1950, Constitution of India, 1950, or any Order made or any Order made or any Order made thereunder? thereunder? thereunder? 5. Whether it is to be 5. Whether it is to be 5. Whether it is to be circulated to the Civil circulated to the Civil circulated to the Civil Judges? Judges? Judges? 6. Whether the case 6. Whether the case 6. Whether the case involves an important involves an important involves an important question of law and whether question of law and whether question of law and whether a copy of the judgment a copy of the judgment a copy of the judgment should be sent to Nagpur should be sent to Nagpur should be sent to Nagpur Office? Office? Office? ***** ***** *****