1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3347 OF 1998 Parmeshwar S/o Babulal More .... PETITIONER V E R S U S Mahatma Gandhi Vidya Prasarak Mandal, Kajgaon, Tq. Bhadgaon, Dist. Jalgaon & Oths. .... RESPONDENTS Mr.S.R.Barlinge, Sr. Counsel for petitioner. Mrs. S.D.Shelke, Assistant Govt. Pleader for State. CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 22/07/2010 ORAL ORDER : 1. By way of present petition, the petitioner has sought a direction to appoint him as Head Master on the basis that he belongs to Scheduled Caste and that as per roster point, the post falls for Scheduled Caste. 2. Mr. Barlinge, the learned counsel for the petitioner in view of the settled legal position, fairly does not press the said prayer and restricts the claim in the petition only for grant of pay scale to the petitioner in the category of trained graduate teacher from the date of his initial 2 appointment. 3. From the seniority list, which is placed on record it does appear that on the date on which the petitioner was appointed, he had B.A. B.Ed. qualification and as such could have been placed in the category ‘ C ’ of trained graduate teachers. It could further be seen that subsequently certain other candidates have been appointed in the category of trained graduate teachers. We, therefore, prima facie find that the grievance of the petitioner on this count is justified. We, therefore, direct respondent no. 3 to reconsider the interse seniority of the teachers working in respondent no. 2 school and grant deemed date to the petitioner in the category of trained graduate teachers from the date, which he is entitled to in accordance with the rules and the law laid down by this Court. The said exercise shall be completed within the period of 3 months from today. 4. In that view of the matter, Rule is made absolute on above terms. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 3347.98