1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7133 OF 2008 Smt.Sharada Jaywant Sable. ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. .... Mr. A.M. Joshi for the Petitioner. Mr. A.P. Vanarase, AGP for Respondent Nos.1 and 2. ..... CORAM : DR. D.Y.CHANDRACHUD, J. November 20, 2008. P.C. The School Tribunal has dismissed the appeal filed by the Petitioner, holding that as between the Petitioner and the Fourth Respondent, it was the Fourth Respondent to these proceedings, who was senior and would, therefore, be entitled to promotion to the post of Headmaster. In the circumstances, the Tribunal held that there was no merit in the grievance of the Petitioner that she has been superseded. 2. Both the Petitioner as well as the Fourth Respondent 2 belong to the Scheduled Caste category. The Petitioner was appointed on 10th August 1989 as an Assistant Teacher at which point of time, her qualifications were SSC and D.Ed. The Petitioner acquired the B.A. Degree in 1995 and the B.Ed. Degree, admittedly, after 15th June 1998. The Fourth Respondent was a clerk in a School under the same management since 1993 and was appointed as an Assistant Teacher on 8th June 1998. At the time of his appointment, the Fourth Respondent held the B.A. and B.Ed. qualifications. 3. On these facts, it would be necessary to note the relevant provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 12 provides for the preparation of a Seniority List in accordance with the guidelines laid down in Schedule-F. In Schedule-F, as Note 4 provides, there are several categories which represent a ladder of seniority in descending order. Category 'C' is as follows : “Category C : Holders of - M.A./M.Sc./M.Com., B.T./B.Ed., or its equivalent; or B.A. B.T./B.Sc./B.Com., B.T./B.Ed., or its equivalent; or 3 B.A./B.Sc./B.Com. Dip. T. (old two years course); or B.A./B.Sc./B.Com., S.T.C/Dip.T. (one year course) with 10 years post S.T.C. etc. service. B.A. or its equivalent plus Senior Hindi Shikshak Sanad with five years service: or Junior Hindi Shikshak with ten years service after obtaining both academic and training qualifications.” In the present case, the Petitioner acquired the B.A. Degree in 1995. The B.Ed. degree was acquired by the Petitioner after 15th June 1998. As on 8th June 1998 when the Fourth Respondent was appointed as an Assistant Teacher, he already held the B.A. and B.Ed. qualifications. In these circumstances, the Fourth Respondent entered category 'C' prior to the Petitioner and hence, would rank senior to the Petitioner. The acquisition of the B.Ed. qualification by the Petitioner was upon the declaration of the result and not on the date of the examination in which the Petitioner had appeared. Since the Petitioner acquired the B.Ed. qualification after the appointment of the Fourth Respondent as an Assistant Teacher, it is evident that the Fourth Respondent had entered category 'C' prior to the Petitioner. 4. The case can be considered from another perspective as well. The Petitioner, as on 8th June 1998 (the date on which the 4 Fourth Respondent entered service) held the qualifications of B.A. and a Diploma in Education. However, in order to enter “C” category, the Petitioner required ten years' experience after the acquisition of a Diploma in Education. It is an admitted position that the Petitioner did not possess the said experience. In these circumstances, the view which has been taken by the Tribunal cannot be regarded as being in error. 5. Counsel appearing on behalf of the Petitioner relied upon the judgment of a Division Bench of this Court in Namdeo Dyanoba Garad vs. Superintendent, Pay Distribution Unit, 2002(3) Mh. L.J. 431. Those proceedings related to the fixation of pay scales. The question as between the Petitioner and the Fourth Respondent is when each of them entered into category 'C' of Schedule F. The Fourth Respondent entered category “C” of Schedule F earlier and would therefore, rank senior. 6. There is accordingly no merit in the petition. 5 7. The petition is dismissed. .....