Quick Summary: A teacher, Jaiprakash Baburao Gaidhane, challenged the seniority list published by Zilla Parishad Bhandara, claiming his rightful place based on his qualifications. The court ruled in his favor, ordering a new list.
Jaiprakash Baburao Gaidhane, a dedicated teacher from Bhandara, took his case to the Bombay High Court. He was upset with the list of "Graduate High School Teachers" published on September 23, 2024, by Zilla Parishad Bhandara. He believed he was unfairly placed because they didn't recognize his qualifications correctly.
Jaiprakash started as an Assistant Teacher back in 1988. Over the years, he improved his qualifications, earning multiple degrees including a B.Ed. in 2001. Despite this, he felt his seniority was not accurately reflected in the list, which should have considered his qualifications from 2001.
"The placement in the category of the teachers should depend on the date of acquiring B.Ed. training qualification," argued Jaiprakash.
The Zilla Parishad argued that the seniority list was based on the date teachers entered the "High School Teachers" group, not when they acquired qualifications. They insisted that Jaiprakash’s seniority was rightly set from May 14, 2012, when he was upgraded to High School Teacher.
Jaiprakash's lawyer cited several cases, including Narendra Ishulal Rahangdale vs. State of Maharashtra, supporting the idea that seniority should be based on qualifications, not just entry dates.
Judges Mrs. M.S. Jawalkar and Raj D. Wakode reviewed the case, considering all arguments and past judgments. They concluded that the seniority list was not prepared according to the correct rules, specifically Annexure 45 of the Secondary School Code, which should determine seniority based on qualifications.
"The seniority list prepared by the Zilla Parishad is contrary to the provisions of law," the court noted.
The court canceled the seniority list from September 23, 2024, and ordered Zilla Parishad Bhandara to create a new list following the correct guidelines. This decision was a significant win for Jaiprakash, ensuring his qualifications were properly acknowledged.
