1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3206 of 2008 [Ku. N.M. Mandale Vs. Edn. Officer (Second.), ZP, Amravati & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.M. Deshpande, Adv., for the petitioner. Mr. N.S. Khubalkar, AGP for respondent no.1. Mr. V.A. Kothale, Adv., for respondent nos. 2 and 3. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 13th October,2008. We have heard Mr. V.M. Deshpande, learned Counsel for the Petitioner, who is aggrieved by the Transfer Order dated 25th June, 2008. We have gone through the Transfer Order which covers in all three teachers, including the petitioner. The petitioner has been transferred from Shri Madhavrao Umekar Vidyalaya and Smt. Anandibai Mahulkar Junior College at Tembhurkheda in Warud Taluka, Distt. Amravati, to Vikas Vidyalaya, Veni Ganeshpur, Tq. Nandgaonkhandeshwar, Distt. Amravati. The Transfer Order has been issued when the Academic Session had just begun. 2 On 20th July, 1981, the petitioner's husband – Shri Uttam Namdeorao Sherekar also joined Vikas Vidyalays, Tembhurkheda, which is presently known as “Madhavrao Umekar Vidyalaya”. He came to be promoted as Headmaster of the said school as per the order dated 25th February, 2002, and the said promotion was also approved by the Education Officer on 18th July, 2002. However, by filing Appeal No. 55 of 2002 before the School Tribunal, another Asstt. Teacher by name – Shri Shyamrao Wankhade challenged the promotion granted to petitioner's husband, and said appeal came to be allowed on 3rd October, 2007. The Tribunal directed the appellant to be appointed to the post of Headmaster with effect from 1st June, 2001 and the order promoting the petitioner's husband came to be set aside. Being aggrieved, the petitioner's husband challenged the said order of the School Tribunal in Writ Petition No. 4724 of 2007, which is pending. The respondent no.2-Management was directed to implement the order passed by the School Tribunal and, therefore, the petitioner's husband came to be relieved and posted at Vikas Vidyalaya, Veni Ganeshpur. Subsequently, by the impugned order, the petitioner has also been posted at the very same school where the petitioner's husband is presently working as Asstt. Teacher. 3 We do not find any element of malice or arbitrariness in the decision of the Management in issuing the impugned order. Learned Counsel for the petitioner invited our attention to Rule 41 of the Maharashtra Employees of Private Schools [Conditions of Service] Rules, 1981, and submitted that the transfer could be only on the ground of administrative reasons, promotions or on request. As per the learned Counsel, the last two grounds were not applicable and the Management has failed to support or substantiate the plea of administrative grounds for the said transfer and, therefore, he prayed that the impugned order should be quashed and set aside. We are not impressed by these submissions. Undoubtedly, the respondent no.2- Society runs three different schools, namely [1] Shri Madhavrao Umekar Vidyalaya, Tembhurkheda, [2] Vikas Vidyalaya, Veni Ganeshpur, and [3] Vikas Urdu Vidyalaya, Shendurjanaghat. Before the impugned Transfer Order was issued and promotion of petitioner's husband was set aside, both of them were at the school at Tembhurkheda, and with the impugned order, the petitioner has joined her husband at Veniganeshpur. 4 In these circumstances, we do not find any reason to interfere with the impugned transfer order. Writ Petition is, therefore, rejected. Order of status quo stands vacated. Judge Judge |Hedau|