- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1896 OF 2006 ... Shri Balasaheb Baba Malwe ...Petitioner v/s. The State of Maharashtra ...Respondent WITH WRIT PETITION NO.1901 OF 2006 ... Shri Bhimrao Mahadeo Bhosale ...Petitioner v/s. The State of Maharashtra ...Respondent ... Mr.N.V.Bandiwadekar for the Petitioners. Mr.A.H.Palekar, AGP for Respondents Nos. 1 & 2. Mr.S.S.Patwardhan for Respondents No.4 to 6. ... CORAM: D.K.DESHMUKH & V.C.DAGA, JJ. DATED: 8TH JULY, 2008 P.C.: - 2 - 1. By these Petitions, the Petitioners challenge the order passed by the Education Officer dated 30-12-2005 holding that the Petitioners are not entitled to Graduate B.Ed. scale because the school in which they were working was taken over by the present management and the take-over was sanctioned by the Director of Education by order dated 8-5-1998 and that after the school was taken over in 1998 there has been no vacancy in the above referred scale. 2. It is not in dispute that after 1998 no vacancy arose in the scale. It is also not in dispute that the Dy.Director of Education passed the order sanctioning the transfer of the school where the Petitioners were working, which was under the management of another society by name Gajanan Shikshan Prasarak Mandal, in 1998. 3. The submission of the learned Counsel appearing for the Petitioners is that though the transfer was sanctioned by the Dy.Director of Education in 1998, actually management of the school was handed over to the present society by Gajanan Shikshan Prasarak Mandal in the year 1990 and therefore, according to - 3 - him, the Petitioners could not have been denied B.Ed. scale only on the ground that there is no vacancy occurring after the year 1998. 4. Now, transfer of the management of the school can be effected only with the previous approval of the Education Department. When the school is started, recognisation and permission is given to a particular society to start the school. Therefore, till the order is made permitting the transfer, the transfer will not take effect. In the present case, therefore, the transfer of management will take place in 1998 and therefore, as admittedly after 1998 there has been no vacancy, in our opinion, no exception can be taken to the order of the Education officer impugned in the petitions. 5. In the result, therefore, the petitions fail and are dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (V.C.DAGA, J.)