In Brief
The appellant was appointed as an untrained teacher in a private high school in 1994, later acquired a B.Ed qualification in 1997 and became a trained teacher. The 5th respondent was appointed as a trained teacher (with B.A. and B.Ed.) in August 1997. The appellant claimed seniority over the 5th respondent. The Supreme Court held that under the Maharashtra Rules, 1981, seniority in secondary schools for teachers is determined by the category of qualification at the time of entry into service. Since the 5th respondent entered service in the higher Category C (trained teachers) before the appellant acquired her B.Ed qualification, he is senior. The appellant's earlier appointment as an untrained teacher does not give her seniority. The appeal was dismissed and the High Court's order affirmed.
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