1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4983 OF 2009 Shri. Dagdu Y. Javir. ..Petitioner. Vs. Shri. Shrikrishna N.Satav and ors. ..Respondent. Mr. P.J. Pawar for the Petitioner. Mr.Ajit Karwande for the Respondent No.1. Mr.R.V.Vasekar for the Respondents 2 and 3. Mr. B.P.Vanarase, AGP. For the Respondent Nos.4&5. CORAM :R.S.MOHITE, J. DATE : 10TH NOVEMBER,2009 PC: 1 By this petition, the petitioner impugns an order dated 8.5.2009 passed by the Presiding Officer,School Tribunal, Pune by which the appeal filed by the respondent No.1 has been allowed and the decision by the Management reverting the appellant from the post of Head Master has been declared to be illegal. Admitted facts are that the present respondent No.1 was appointed as Assistant 2 Teacher in 1976 whereas the present petitioner was appointed as Assistant Teacher in 1991. Petitioner was therefore, admittedly very junior to respondent No.1 in the post of Assistant Teacher. Petitioner was however, given accelerated promotion in view of the fact that the petitioner was member of Scheduled Caste, Petitioner was therefore, promoted in the year 2003. Respondent No.1 was subsequently promoted in the normal course in the year 2005. A dispute which arose for consideration before the School Tribunal, concerned with the appointment to the post of Head Master in non reserved category, It appears that the management initially promoted the respondent No.1 as Head Master in 2001 but approval to this promotion was not granted and in the circumstances, promotion of the respondent No.1 was cancelled by the management and by order dated 12.10.2008, the petitioner was appointed as Head Master. In these circumstances, the respondent No.1 filed appeal before the School Tribunal. It appears that the School Tribunal has come to the conclusion 3 that seniority in the post of Assistant Head Master attained in view of the accelerated promotion due to reservation cannot be taken into account and the seniority will have to be calculated on the basis of the seniority as existed in the post of Assistant Teacher i.e. C category. It is true that for reaching this conclusion, the Tribunal has relied upon a judgment of the Apex Court in the case of Swami Vivekanand Society Vs. Saurashtra Prerana Vasant Joshi reported in 2001 Supreme-6 Page 593. Though that judgment is on a different point, however, the conclusion arrived by the School Tribunal is directly supported by the Division Bench judgment of this court in the case of Sudam Sharvan Bavikar and another Vs. Education Officer (Secondary) Z.P. Jalgaon and others reported in 2007(2) Mah.L.J. 802. In the said judgment, a Division Bench has taken a view that Seniority cannot be calculated on the basis of category of B post when accelerated promotion has been given on caste reservation. 4 2 It was then sought to be contended onbehalf of the petitioner that since the respondent No.1 had a decree of B.Sc.B.P.Ed., he even could not fall in caregory-C. This objection is not raised in written statement and hence, cannot be considered for the first time in this petition. Petition is therefore, summarily rejected. It is made clear that Management should re-submit the proposal of approval and the proposal of approval should be considered i n the light of the observations made in this order and prevailing rules. 3 Advocate for the Petitioner states that he would like to challenge this order in the Apex Court and prays for grant of stay for a period of eight weeks. Management is directed to maintain Status quo as of today for a period of eight weeks from today. (R.S.MOHITE, J.) 5