St. Ulai High School Through Its ... vs Shri Devendraprasad Jagannath Singh ... on 18 December, 2006
(iv) In Atmaram Raghunath Pashte v. The Chairman AlyaniGegaonNandval, Ashnoli Shikshan Sanstha 2004(1) ALL MR 90 an order passed by the Education Officer of the Zilla Parishad on the question of seniority between two teachers was questioned before the Division Bench in a petition under Article 226 of the Constitution. The Court rejected a preliminary objection that was taken to the maintainability of the Petition holding that the order that was impugned was not passed by the management of the Institution, but by the Education Officer. The Court held that if the management were to pass a consequential action, a teacher aggrieved by that action could invoke the provisions of Section 9 of the MEPS Act, 1977. But, that did not mean that the teacher should not make a grievance against the order passed by the Education Officer in writ proceedings before this Court. The Court noted that since the order impugned was passed by the Education Officer, the teacher cannot approach the Tribunal by invoking the provision of Section 9 and hence, a petition before this Court was maintainable.