B.P. Dharmadhikari, J.

1. Heard Shri Mohgaonkar, learned counsel for the petitioners and Shri Ghodeswar, learned Assistant Government Pleader for respondents 1 to 3. Perused the judgment of Division Bench of this Court reported at 1993 (2) Mh.L.J.1467 (Vidya Vikas Khandekar V/s. Balmandir Sanstha).

2. Looking to the nature of controversy, we have heard the matter finally with the consent of parties by issuing Rule and making it returnable forthwith.

3. Petitioner no.1 – Management runs four schools in Chandrapur district. All these schools are duly recognized and Samrat Ashok High School at Chinchpalli i.e. one out of these schools is only receiving grant-in-aid. One Shri Siddhartha Raut was working as Headmaster in unaided Samrat Ashok High School at Lohara. Headmaster Shri N.U. Ramteke working in aided school superannuated on 31/10/2012. Petitioners, therefore, transferred said Raut to aided school and sought approval thereto. The approval has not been granted on the ground that one Shri Meshram found surplus in aided school and absorbed in school of the other management, needed to be brought back in said aided school of the Petitioner. Hence present petition is filed.

4. Shr