Satish Ramrao Rakde v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:36138-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1009 WRIT PETITION NO.14245 OF 2025 SATISH RAMRAO RAKDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.B. Gastgar, Advocacte for petitioner Mr. N.S. Tekale, AGP for respondent Nos.1 to 3 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

16th DECEMBER, 2025 ORDER :

.

Present petition has been filed for following relief : "B) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature respondent No.3 Education Officer (Secondary), Zilla Parishad, Chhatrapati Sambhajinagar may kindly be directed to decide Seniority List of respondent No.5 School as per Rule 12, Schedule F of M.E.P.S. Act & Rules and further directions to appoint senior most teachers on the post of Headmaster of respondent No.5 School Prabodhan Secondary and Higher Secondary Vidhyalaya Shelgaon, Tq. Kannad, Dist. Aurangabad, run by respondent No.4 institution."

1009_WP_14245_2025 As regards the second limb of the prayer is concerned i.e. to appoint the senior most teacher on the post of Headmaster of the school, that call will have to be taken by the Institution and admittedly, it appears that there is dispute pending and the change reports are also pending, which cannot be considered under the writ jurisdiction. However, as regards the first limb of the prayer i.e. to decide the seniority list of respondent No.5 School is concerned, it is as per Rule 12 Schedule F of M.E.P.S. Act and it has to be by respondent No.3 and, therefore, learned AGP, who waives notice for respondent Nos.1 to 3, upon instructions from respondent No.3 submits that the said seniority would be decided within a period of eight weeks.

In view of the same, we do not find that there is any necessity to issue notice to respondent Nos.4 to 6. We dispose of the writ petition by directing respondent No.3 to decide the seniority list of respondent No.5 School as per Rule 12 Schedule F of the M.E.P.S. Act and Rules, by giving opportunity to all the concerned, within a period of eight weeks from today. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J.