(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6270 OF 2010 1. Kalpana w/o. Laxman Jadhav, Age : 35 years, Occupation : Nil, R/o. Waluj, Taluka : Gangapur, District : Aurangabad. 2. Vikas s/o. Laxman Jadhav, Age : Minor, Occupation : Education, U/G. of his mother, Kalpana w/o. Laxman Jadhav, R/o. as above. 3. Pratibha d/o. Laxman Jadhav, Age : Minor, Occupation : Education, U/G. of her mother, Kalpana w/o. Laxman Jadhav, R/o. as above. .. Petitioners. versus 1. The State of Maharashtra, through the Secretary, Education Department, Mantralaya, Mumbai-32. 2. The Head Master, Maulana Aazad Vidyalaya, Nagar Parishad, Vaijapur, Taluka : Vaijapur, District : Aurangabad. (2) 3. The Education Officer (Primary), Zilla Parishad, Aurangabad. 4. Laxman s/o. Kacharu Jadhav, Age : 40 years, Occupation : Agriculture, R/o. Tunki, Taluka : Vaijapur, District : Aurangabad. .. Respondents. ....................... Mr. V.S. Janephalkar, Advocate, for the petitioners. Mr. S.K. Tambe, Assistant Government Pleader, for respondent no.1. Mr. G.N. Chincholkar, Advocate, for respondent no.2. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 7TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Since no order, prejudicial to the interest of respondent nos.3 and 4 is passed, service of notice, upon rule, on (3) respondent nos.3 and 4 is waived. 3. The limited grievance in the petition is that though the petitioners have applied for transfer certificate of petitioner nos.2 and 3, the same has not been given by the respondent no.2. 4. Mr. G.N. Chincholkar, learned Counsel appearing for respondent no.2, submits that the original Transfer Certificate has already been taken by the respondent no.4 i.e. father of petitioner nos. 2 and 3, with instructions to the management, that the Transfer Certificate should not be given to any one else. He, however, states that the respondent no.2 has no objection for grant of duplicate Transfer Certificate to the petitioners, in the event, they apply. 5. It appears that on account of matrimonial discord between petitioner no.1 and respondent no.4, the present situation has arisen. However, on account of such discord, the educational career of petitioner nos.2 and 3 cannot be permitted to suffer for no fault on their part. 6. In the result, the petition is allowed. The respondent no.2 is directed to issue duplicate Transfer Certificates to the petitioner nos.2 and 3, within a period of one (4) week from the date on which the petitioners would make application for the same. 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6270