1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition No. : 3416/2007 (Sau.Kalpana Jayant Kolarkar vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A.P.BHANGALE , JJ. DATED: 01st August, 2008. *** Heard Mr. A.S.Chandurkar, learned counsel for petitioner and Mr. D P Thakare, learned AGP for Respondents 1 to 3. 2. Learned counsel for petitioner does not press the prayer clause whereby the order dated 20.9.2006 is asked to be quashed. 3. The grievance of the petitioner is only in respect of the communication dated 19.5.2007 whereby the proposal of the petitioner for grant of approval as Junior College teacher is rejected, on the ground that the transfer of Secondary School Teacher to a Junior College is not permissible in law. Learned counsel for petitioner has brought to our notice Ruler 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Sub-rule (b) of Rule 41 (5) contemplates thus: “41. (5) Where a Management runs a secondary school or secondary schools and a Junior College of Education - 2 (a) .... (b) Teachers in Secondary school shall not be transferred to a Junior College of Education against their will. Such transfers may, however, be made if they are at the employees own requests, subject to the following conditions, namely: (i) Vacancies should be available in the Junior College of Education; (ii) The concerned employees shall retain the same place in the common seniority list; and (iii) Their pay in the Junior College of Education shall be fixed at the same stage of pay as their existing pay or at the minimum of the scale of pay in the junior College of Education, whichever is higher.” 4. In view of the above-referred rule, it is clear that the transfer of a secondary school teacher to junior college is prohibited only in a situation where the concerned teacher does not give his consent. In the instant case, the petitioner has in fact, given consent and, therefore, the order dated 19.5.2007 whereby the approval is refused cannot be sustained in law. 5. Learned AGP supported the impugned order. 6. Considered the contentions. In the backdrop of the above-referred facts, we set aside the impugned order, refer the matter back to the Deputy Director of Education, for reconsideration of the claim of the petitioner for grant of approval as 3 College teacher in the light of Rule 41 of the Rules, 1981 as well as other relevant aspects, as early as possible and, in any case, not beyond the period of six weeks from the date of communication of this order. 7. With the above direction and observation, Petition is disposed of. JUDGE JUDGE sahare