-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5750 of 2009 J. S. Chive. ..Petitioner. Versus Bhor Education Society and Others. ..Respondents. Mr. Dilip Bodake for the Petitioner. Mr. V. Masurkar, GP for the Respondent nos. 3 to 5. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 3, 2009. P. C. : 1. Heard both sides. Without entering into the merits of the case, learned counsel for the petitioner makes a statement that the Petitioner has already made a representation to the Education Officer on 19th February 2008 under Rule 12 of the M.E.P.S. Rules for fixation of his seniority and that the Petitioner would be satisfied if the directions are given to the Education Officer to dispose of the said representation as early as possible. 2. We only note that the Petitioner appears to be a graduate trained teacher appointed against the vacancy of an H.S.C., D.Ed., since at that particular point of time the vacancy of the trained graduate teacher was not available and since the Petitioner was in -: 2 :- need of employment he accepted the said appointment. This aspect shall be kept in mind by the Education Officer while fixing the seniority of the Petitioner. 3. The Education Officer is therefore directed to dispose of the representation made by the Petitioner within a period of six weeks from the date of receipt of a copy of this order. The Education Officer shall give an opportunity of hearing to the Petitioner and also to all those persons who are likely to be affected by the fixation of seniority of the Petitioner and also to the Management. The Education Officer shall pass a speaking order in respect of the fixation of the seniority of the Petitioner. All the contentions pertaining to the fixation of the seniority are kept open. We make it clear that we have not expressed any opinion about the merits of the matter and the representation of the Petitioner shall be decided on its own merits and in accordance with law. 4. With these directions the above petition is disposed of. (R.M.SAVANT, J.) (S.B.MHASE, J.)