1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 3600/2007 (Arun Krushnarao Deshmukh Vs. The Dy. Director of Edn. & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : MARCH 14, 2008. Heard Mr. Kilor for the petitioner, Mr. Thakare, A.G.P., for respondent nos. 1 and 2, and Mr. Patil for the respondent nos. 3 and 5. The counsel for the petitioner states that impugned order of transfer dated 1/8/2007 is inconsistent with Sub-Rules 1 and 2 of Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, since there are no reasons recorded in writing by the Management before effecting the midterm transfer. It is not in dispute that after the said order of transfer, the petitioner has joined the transferred place at Akot. The petitioner is an Assistant Teacher and teaching in Secondary School. It is, no doubt, true that if there is a midterm transfer effected by the 2 management, the management is required to give reason for the same. However, prima facie it appears in the instant case that the Management failed to give any reason for effecting the impugned transfer order. We cannot close our eyes to the fact that since the petitioner has already been discharging his duties as Assistant Teacher in the School at Akot and the present academic session is on the verge of completion and, therefore, it will not be proper at this stage to ask the Management to transfer the petitioner to Amravati which will have adverse effect on the students and, therefore, we observe that during the present academic session, the petitioner be continued at Akot. However, the request of the petitioner to transfer him back to Amravati be considered by the Management before the commencement of the next academic session. With these observation, writ petition is disposed of. JUDGE JUDGE RMP