1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6378 OF 2008 Dattatraya Bira Jugale ..Petitioner versus Peth Vadgaon Shikshan Prasarak Mandal & Ors. ..Respondents Mr. N.V. Bandiwadekar for Petitioner. Mr. M.S. Topkar for Respondent Nos. 1 and 2 Ms Aparna Vhatkar, AGP for respondent Nos. 3 to 5 Mr. A.M. Joshi for respondent No.6 CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : FEBRUARY 1, 2010. P.C. 1 Heard Mr. Bandiwadekar, learned counsel for the petitioner. Mr. M.S. Topkar, learned Counsel for respondent Nos. 1 and 2 , Ms. Aparna Vhatkar, learned AGP for respondent Nos. 3 to 5 and Mr. A.M. Joshi for respondent No.6. Writ Petition is directed against the order of transfer dated 25-6-2005 issued by the respondent Nos. 1 and 2 Management whereby the petitioner was transfered from Secondary School, Kolhapur to another secondary school run by the Management at Ratnagiri. The learned Counsel for the 2 petitioner has submitted that in view of the order of transfer the petitioner wanted to join the post as Assistant Teacher in the school at Ratnagiri, however, the Management of the said school which was taken over by the respondent Nos 1 and 2 Management was opposed by the local residents and therefore, the school was not in existence. Hence the petitioner could not join the duty as Assistant teacher in the said school where the petitioner was transferred by the impugned order. 2 The learned counsel for respondent Nos. 1 and 2 Management has submitted that the contentions canvassed by the learned Counsel for the petitioner are incorrect. The Respondent-Management initially was running the secondary school at Kolhapur and before the petitioner was transferred vide impugned order dated 26-6-2005, had taken over the Management of another school at Ratnagiri. It is further contended that at the time of issuing the order of transfer dated 25-6-2005 the Respondent Management were running both the schools and even as on today the Respondent Management is running both the schools. It is further contended that after the impugned order of transfer issued by the Management the petitioner was released from the Secondary School at Kolhapur and the petitioner thereafter joined in the school at Ratnagiri and discharged his duties as Assistant Teacher for a period of 27 days. It is contended that the contentions canvassed by the leaned Counsel for the petitioner that the 3 secondary school run by the Management at Ratnagiri is not in existence because of the local politics is absolutely incorrect. It is further submitted that the Management has field affidavit and has stated all these facts on oath. 3 In the back drop of the above referred fact, particularly in view of the affidavit filed by the management in this regard there is no reason for us to disbelieve the statement made by the management in the affidavit filed that both the Schools are in existence and are being run by respondents. Even otherwise the order of transfer is of the year 2005. Considering the facts and circumstances involved no case is made out for showing any indulgence. Writ petition is dismissed. (D. D. SINHA, J.) ( A. A. SAYED, J.)