The Bombay High Court addressed a dispute over the promotion of the petitioner as Headmaster, which was challenged based on seniority by a fellow teacher. The Court ruled that the Education Officer had no jurisdiction to decide issues related to seniority once a promotion had already been granted. The Court allowed the aggrieved respondent to approach the School Tribunal for resolving the seniority issue and supersession claim.

• Jurisdiction Dispute: The case revolved around the question of whether the Education Officer could intervene in determining seniority after the petitioner had been promoted as Headmaster.
• Seniority List: The petitioner was promoted based on a seniority list published on 01.06.2022, which was not initially contested by the respondent teacher.
• Education Officer’s Overreach: The Education Officer's direction to update the seniority list and promote the respondent teacher was deemed an overreach of jurisdiction.
• School Tribunal’s Role: The Court emphasized that such disputes should be referred to the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (MEPS) Act.

1. Introduction:

• Petitioner: Girish Suresh Jambhalikar, Headmaster at a private school in Kolhapur.
• Respondents: The State of Maharashtra, Education Officer, and another teacher, Narayan Gopal Motakatte.
• The petitioner challenges the Education Officer’s order directing the revision of the seniority list and the promotion of the respondent teacher.

2. Petitioner’s Qualifications and Promotion:

• Petitioner passed B.Sc. in 1991 and B.Ed. in 1993, and was appointed as an Assistant Teacher in 1995.
• Promoted as Supervisor in 2022 based on seniority list and later appointed Incharge Headmaster.

3. Respondent’s Qualifications and Challenge:

• Respondent Motakatte entered service in 1993, but only acquired his B.Ed. degree in 2003.
• He challenged the seniority list and the petitioner’s promotion after the fact.

4. Education Officer’s Order:

• Education Officer directed updating of the seniority list and promoting the respondent to the Headmaster position, which was contested by the petitioner.

5. Court’s Analysis of Jurisdiction:

• The Court analyzed Rule 12 of the MEPS Rules, noting that while the Education Officer can resolve seniority disputes, he lacks jurisdiction once a promotion has already been granted.

6. Precedents Considered:

• The Court referred to several judgments, including Umesh Balkrishna Vispute vs. State of Maharashtra, where it was held that the School Tribunal, not the Education Officer, should address such disputes.

7. Court’s Conclusion:

• The Education Officer’s order was set aside, and the respondent was directed to approach the School Tribunal under Section 9 of the MEPS Act to resolve the seniority issue.

Acts and Sections Discussed:

• Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act):
  • Section 9: Provides the right to appeal to the School Tribunal in cases of supersession by promotion.
  • Rule 12 of MEPS Rules: Governs the preparation of seniority lists and disputes.

Ratio Decidendi:

The Education Officer lacks the jurisdiction to decide seniority disputes after a promotion has been granted. Such matters should be adjudicated by the School Tribunal under Section 9 of the MEPS Act, which has broader powers to resolve supersession issues.

Subjects:

• Dispute over seniority and promotion in private school service.

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