1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2057/2010 ( Smt. Alka Vasant Pande -: VERSUS :- The Deputy Director of Education & others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 22, 2010. Heard finally. After earlier remand by this Court on 10th of September 2009, the respondent no.1 – Deputy Director of Education has decided the controversy on 26/2/2010. Neither the petitioner nor the respondent no.4 dispute that the employee working in High School is transferred to Junior College and there is no element of promotion in it. It is, therefore, clear that for transferring employee seniority is not relevant. Adv. Shri Thakre points out that respondent no.1 has observed that management shall first consider the claim of respondent no.4. Adv. Shri Marpakwar states that the observation is only a recommendation and it is not mandatory. Learned A.G.P. also supports the arguments of Adv. Shri Marpakwar. It is apparent that when transfer is to be made to the 2 Junior College, it is the choice of the management as to whose transfer should be made and there is no question of seniority in that respect. The direction in operative part 3 in Marathi as contained in impugned order dated 26/2/2010 is therefore set aside. Writ petition is partly allowed. No order as to costs. JUDGE Tambaskar.