Vidarbha Youth Welfare Society, Amravati, Thr. Its Secretary And Another v. State Of Maha., Thr. Secretary, Dept. Of School Education And Sports Dept., Mumbai And ANR.

(1) 904.WP538.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 538 OF 2026 VIDARBHA YOUTH WELFARE SOCIETY, A PUBLIC TRUST AND THE REGISTERED SOCIETY, THROUGH ITS SECRETARY AND ANR.

Vs.

STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND SPORTS DEPARTMENT, MANTRALAYA, MUMBAI AND ANR. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. R. D. Bhuibhar, counsel for the petitioners Ms. H. S. Dhande, AGP for the respondent / State CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED : 04.02.2026 1.

Relying on the provisions of Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and the judgment of this Court reported in 2004 (4) Mh.L.J., it is the contention of the learned counsel for the petitioner, Mr. R. D. Bhuibhar, that respondent no. 2 has no authority to stay/quash the transfer order, which prerogative lies eminently with the management.

2.

In that view of the matter, issue notice to the respondents, returnable on 11.03.2026.

3.

Learned AGP waives notice for all the respondents/State.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR AND, J.) Shubham