1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No.4290/2008 Sau. Pratibha w/o Pramod Wankhade v. 1. The Deputy Director of Education, Amravati Division, Amravati and others. --------------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. --------------------------------------------------------------------------------------------------------- Shri A.J.Kadu, Advocate for petitioner. Shri A.S.Fulzele, A.G.P. for respondent no.1. CORAM : B.H.MARLAPALLE & A.H.JOSHI, JJ DATE : 1.12.2008 We have heard the learned counsel for the petitioner and perused the affidavit in reply filed by the Deputy Director of Education, Amravati Division, Amravati through the learned A.G.P.. 2. The petitioner has already submitted an affidavit in which she has stated that she would not claim the present seniority on her transfer to D.Ed. College and she is agreeable that her seniority on transfer to the D.Ed. College shall be counted from the date of joining in the said College. The learned counsel for the petitioner has invited our attention to the decision of this Court in Writ Petition No. 1740/06 wherein similar case was decided. 3. The petitioner holds the qualifications of M.A., M.Ed. and she is presently a lecturer in the D.Ed. College 2` run by the Respondent no.2 Society on account of her transfer pursuant to the order dated 15.10.2007. It appears that the Respondent no.2 submitted a proposal for approval of her transfer to the Respondent no.1 and by the letter dated 5.9.2008 the Respondent no.1 has turned down the said proposal on the ground that the seniority of the teachers/ lecturers in the D. Ed. College is required to be maintained separately. Along with the affidavit filed by the Respondent no.1 today, a copy of the letter dated 21.8.2008 received by the Respondent no.1 from the Deputy Director of the Maharashtra State Council of Educational Research and Training at Pune has been brought on record and it appears that the impugned order dated 5.9.2008 has been passed by the Respondent no.1 on the basis of the said communication. 4. It is not the case of either the respondent no.1 or the Maharashtra State Council of Educational Research and Training that the Petitioner does not possess the requisite qualifications for her appointment as teacher/ lecturer in the D.Ed. College and the transfer was not approved solely on the ground of seniority. This Court in Writ Petition No. 1740/06 decided on 20th July, 2007 considered the provisions of Rule 41(5) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 and held that so long as a teacher/ lecturer in the Junior College or the Higher Secondary 3` School meets requirements of qualifications and experience, the transfer of such a teacher/ lecturer is permissible to a D. Ed. College run by the same Society. The same view was also taken in Writ Petition No. 1816/2006 by this Court in its Judgment dated 6th February, 2007. 5. We, therefore, direct the Deputy Director of Education to consider the petitioner's case afresh on the basis of her affidavit as referred to hereinabove and to the effect that she is willing to accept the separate seniority list for the D. Ed. College and her seniority will be counted in the said list from the date of her joining in the D. Ed. College as well as the decisions by this Court cited supra as expeditiously as possible and in any case before 31st December 2008 and issue a fresh order. 6. The petition is disposed off in terms of the above directions. JUDGE JUDGE patle 4`