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Supreme Court of India 2020-12-09 allowed

Madhavi vs Chagan & Ors

Bench: 3 — Hemant Gupta

In Brief

Madhavi, a graduate with a B.Ed. degree, was appointed as a temporary teacher in 1985 and later promoted to Head Master in 2014. Chagan, appointed the same year with only secondary school certificate and a diploma in education, later obtained his B.Sc. (1997) and B.Ed. (1999) and challenged Madhavi's promotion, claiming seniority from his date of appointment. The Supreme Court held that in secondary schools, seniority is determined by qualification categories under Schedule 'F', Clause 2. Madhavi's possession of B.Ed. at appointment placed her in Category C, while Chagan was rightly placed in Category E. He could not claim seniority as a trained teacher from his initial appointment date, having acquired B.Ed. only later. The Court distinguished the primary school rule (Clause 1) and upheld Madhavi's seniority.

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