0412cao707.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.707 of 2009 in MCA (Review) St. No.11042/2009 in Writ Petition No.3416 of 2007 (D) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and A. P. Bhangale, JJ. Date : 04/12/2009. Heard Mrs.B.H.Dangre, Additional Government Pleader for applicants and Mr.A. S. Chandurkar, Adv. for respondent no.1. Civil Application No.707 of 2009 is moved by applicants for condonation of delay in filing the review application. For the reasons stated in the Civil Application, delay is condoned. The Civil Application is allowed. Mrs. B. H. Dangre, Additional Government Pleader has submitted that Rule 41 (5) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 provides that where a Management runs a Secondary School/s and a Junior College of Education, transfer of Secondary school teacher to Junior College is prohibited if he does not give his consent. It is contended that this aspect was not properly placed before this 0412cao707.09.odt 2 . Court on the earlier occasion, since, in the present case, the petitioner is an Assistant teacher working in the Secondary school and the Junior College which is attached with the Secondary school is not the Junior College of Education and therefore, though by the impugned order dt. 1.8.2008, of which the review is sought, direction given by this Court to re-consider the claim of the petitioner for grant of approval as a Junior College teacher in the light of Rule 41 of the MEPS Rules would be considered only in view of Rule 41 of the Rules. Mr. A.S.Chandurkar, Adv. for respondent no.1 does not dispute the factual aspect of the matter and has no objection if the claim of petitioner is considered by the respondent as per the direction of this Court issued vide order dt. 1.8.2008 passed in Writ Petition No.3416 of 2007 in the light of Rule 41 (1) of MEPS Rules. In the backdrop of the above referred facts, we dispose of Misc. Civil Application St. No.11042 of 2009 for review accordingly. JUDGE JUDGE jais