HEADNOTE
Madhuri Dnyaneshwar Khandeshe & Anr. v. State of Maharashtra & Ors.
Court: Bombay High Court
Jurisdiction: Civil Appellate Jurisdiction
Bench: Justice Somasekhar Sundaresan
Date of Judgment: January 17, 2026
Citation: 2026:BHC-AS:2079-DB
Laws / Rules Involved: Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977; MEPS Rules, 1981 – Schedule “F”; Government Notification dated March 24, 2023
Keywords: Teacher seniority, MEPS Rules, Schedule F Category C, D.Ed qualification, retroactive application, Headmaster appointment
Summary
The Bombay High Court dismissed a writ petition challenging an Education Officer’s order that ranked a teacher with B.A. + D.Ed qualifications as senior to teachers holding B.Ed degrees. The Court held that, following the 2023 Government Notification amending Schedule “F” of the MEPS Rules, a teacher possessing a B.A. degree along with a two-year D.Ed. qualification is deemed to enter Category “C” from the date of acquiring the B.A. degree. The amendment operates retroactively, not retrospectively, and applies to future seniority determinations such as appointments to Headmaster posts after March 24, 2023. Upholding earlier precedents, the Court ruled that seniority must be reckoned by the date of entry into Category “C”, and found no illegality in treating the respondent teacher as senior.
Court’s decision
The Bombay High Court dismissed Writ Petition No. 17140 of 2024 and upheld the Education Officer’s order declaring respondent Suresh Kashinath Jarkad senior to the petitioners. The Court held that entry into Category “C” of Schedule “F” depends on the first date on which the requisite combination of qualifications is satisfied, and that under the amended rules, a B.A. degree coupled with a two-year D.Ed. qualification qualifies a teacher for Category “C” from the date of graduation.
Facts
The dispute concerned inter se seniority among three teachers of a private secondary school managed by Shikshan Prasarak Mandal. The respondent teacher joined service in 1993 with a D.Ed. qualification, obtained a B.A. degree in 1996, and later completed B.Ed. in 2007. The petitioners joined service in 1997, already holding graduate degrees and B.Ed. qualifications. When a vacancy for the post of Headmaster arose in 2024, competing seniority claims emerged, leading the Education Officer to declare the respondent as senior based on his earlier entry into Category “C”.
Issues
The key issue before the Court was when a teacher with B.A. + D.Ed. qualifications enters Category “C” under Schedule “F” of the MEPS Rules—whether from the date of acquiring the B.Ed. degree or from the date of acquiring the B.A. degree after holding D.Ed.—particularly in light of the 2023 Government Notification.
Petitioners’ arguments
The petitioners contended that Category “C” requires a graduate degree along with B.Ed., and that the respondent could not be treated as a Category “C” teacher until he obtained his B.Ed. in 2007. They argued that applying the 2023 Notification to treat D.Ed. holders as Category “C” entrants from an earlier date amounted to retrospective application that disturbed settled seniority positions.
Respondents’ arguments
The respondent teacher and the State argued that the 2023 Notification consciously amended Schedule “F” to include D.Ed. (two-year course) in Category “C”. Relying on prior judgments, it was submitted that once a teacher holding D.Ed. obtains a B.A. degree, entry into Category “C” is complete. The amendment was said to be retroactive, governing future seniority determinations without undoing past promotions.
Analysis of the law
The Court analysed Section 12 of the MEPS Act and Schedule “F” of the MEPS Rules, noting that within Category “C”, seniority depends solely on the date of entry into that category, not on the specific combination of qualifications. The 2023 Notification was held to be a policy decision addressing long-standing anomalies by recognising D.Ed. qualifications on par with other training diplomas for Category “C”.
Precedent analysis
The Court followed earlier decisions in Sahakar Vidya Prasarak Mandal v. State of Maharashtra and Krishna Gasti v. State of Maharashtra, which held that teachers with D.Ed. qualifications are “catapulted” into Category “C” upon acquiring a graduate degree. It relied on Supreme Court jurisprudence distinguishing retroactive from retrospective application of amendments, holding the present case to fall in the former category.
Court’s reasoning
Justice Somasekhar Sundaresan held that the 2023 Notification does not disturb vested rights or past promotions. It merely governs future events, such as selection of a Headmaster after the amendment. Since the respondent held a D.Ed. and acquired his B.A. in June 1996, he satisfied Category “C” requirements from that date, rendering him senior to the petitioners who entered service later in 1997.
Conclusion
The Court concluded that the Education Officer correctly applied the amended Schedule “F” and that no interference was warranted. The writ petition was dismissed, confirming the respondent’s seniority.
Implications
This judgment provides authoritative clarity on teacher seniority under the MEPS framework, affirming that post-2023, B.A. + D.Ed. teachers enter Category “C” from the date of graduation. It has significant implications for seniority lists, promotions, and Headmaster appointments across private schools in Maharashtra.
Case law references
• Sahakar Vidya Prasarak Mandal v. State of Maharashtra (Bom HC, 2023)
Holding: D.Ed. holders enter Category “C” upon acquiring a graduate degree.
Application: Followed to uphold respondent’s seniority.
• Krishna Gasti v. State of Maharashtra (Bom HC, 2024)
Holding: 2023 Notification operates retroactively for future seniority decisions.
Application: Applied to reject challenge of retrospective operation.
• SEBI v. Rajkumar Nagpal (2023) 8 SCC 274
Holding: Distinction between retrospective and retroactive application of law.
Application: Relied upon to characterise the 2023 Notification as retroactive.
FAQs
Q1. Does a B.A. + D.Ed. qualification place a teacher in Category “C”?
Yes. After the 2023 amendment, such teachers enter Category “C” from the date of acquiring the B.A. degree.
Q2. Is the 2023 Notification retrospectively applied?
No. The Court held it is retroactive, governing future seniority decisions without disturbing past promotions.
Q3. Why was the writ petition dismissed?
Because the respondent satisfied Category “C” criteria earlier than the petitioners, making him senior under the MEPS Rules.
