NDLI: G H Madhavi Vs. Chagan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Employees of Private Schools (conditions of Service) Regulation Act, 1977 (3 of 1978)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Maharashtra Employees of Private Schools (Conditions ofService) Regulation Act, 1977 – Maharashtra Employees of PrivateSchools (Conditions of Service) Rules, 1981 – Appellant wasappointed at a School on a temporary basis on 16.07.1985 – Shepossessed graduation and B.Ed degrees and was accordingly placedin Category ‘C’ of schedule ‘F’ of the Rules, 1981 – Respondentno.1 was appointed as Assistant teacher at the School on 01.08.1985,he possessed qualification of Senior Secondary Certificate andDiploma in Education at the time of appointment – The Schoolpassed an order of upgradation of appellant to High School w.e.f.24.11.1988 – Thereafter, the respondent no.1 acquired B.Sc. Degreeand entered category ‘D’ of Schedule ‘F’ – The dispute arose at thetime of appointment of appellant as the Head Master of the school– Respondent no.1 claimed that he was appointed on regular basison 01.08.1985 as against appellant who was appointed against atemporary vacancy on 16.07.1985 – Respondent no.1 contendedthat he is senior to appellant and in terms of the Rules, he would beentitled to be promoted as Head Master – The promotion order dated31.05.2014 promoting appellant as Head Master was challengedin appeal before the School Tribunal and the same was dismissed –Writ Petition filed by the respondent no.1 was dismissed by the SingleBench of the High Court – Thereafter, an application for reviewfiled was allowed – On appeal, held: The judgment in Bhawna v.State of Maharashtra & Ors. is directly applicable to the presentcase inasmuch as appellant was holding the qualifications of B.A.B.Ed at the time of her initial appointment on 16.07.1985, thoughshe was appointed against a regular vacancy on 24.11.1988 –However, respondent no.1 was not qualified for appointment asAssistant Teacher as he graduated in science only in the year 1997and passed B.Ed in 1999 – He was upgraded to Category ‘C’ onlyupon acquiring these qualifications – Accordingly, the seniority listmentioned respondent no.1’s name at serial no.10 while appellantwas placed at serial no.2, though first in Category ‘C’ – The schoolin question is secondary school, therefore clause 2 of Schedule ‘F’of the Rules would be referred – Keeping in view the principle laiddown in Vaijanath case, the appellant was qualified for appointmentas temporary teacher as she was a graduate and also possessedB.Ed degree – Her appointment was in accordance with s.5(5) ofthe Act – However, the respondent no.1 could not be treated to bepart of Category ‘C’ from the date of his initial appointment i.e.01.08.1985 as he was neither a graduate nor a trained teacherwhen he was appointed – Also, respondent no.1 was not even atrained teacher on the date of his appointment and thus cannotclaim seniority on such ground from the date of his initialappointment – Therefore, the judgment of High Court in reviewcannot be sustained in law and the same is set aside.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2020 INSC 690
Petitioner	G H Madhavi
Respondent	Chagan & Ors.
SCR	[2020] 13 S.C.R. 1208
Judgement Date	2020-12-09
Case Number	3966

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