(1.) HEARD. Rule. By consent heard forthwith.
(2.) THE petitioner seeks to quash the order dated 25-11-2003 passed by the respondent No. 2, and confirmed by the respondent No. 3 by his order dated 1-12-2003 whereby the grants for the institution of the petitioner have been withheld on the ground that the respondent No. 4 was transferred in contravention of law debarring mid-term transfer.
(3.) THE learned Advocate for the petitioner, referring to Rule 41 of the Maharashtra Employees of Private Schools (Conditions of service) Rules, 1981, hereinafter referred to as the "said Rules", submitted that there is no need of any permission, from the authorities for transfer of the headmaster from one high school to another high school. He also further submitted that there is no prohibition against mid-term transfers and each case has to be considered on the facts of that case and it has been left to the discretion of the management to take appropriate decision in each case, depending upon the circumstances of the case. The learned AGP appearing for the respondent nos. 1 to 3 has fairly submitted that indeed there is no requirement of prior permission for transfer of headmaster and the same is well clarified by the circular dated 26-8-1985. The learned Advocate for the respondent No. 4, however, submitted that the guidelines issued under the circular dated 20-11-1997 clearly prohibits mid-term transfer, otherwise than in exceptional cases, and the petitioner has not made out any such exceptional case to justify the mid-term transfer of the respondent No. 4.