The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rules, 1981. The court emphasized that the Education Officer's interference with such transfer orders was impermissible.

JUDGMENT

R.D. Dhanuka, J. - Rule in both the petitions. Learned counsel appearing for the respondents waives service. By consent of parties, both the petitions are heard finally.

2. Learned counsel for the parties jointly state that since the facts in both these petitions are identical, both these petitions be heard together and be disposed of finally by this common order. Statement is accepted. Both these petitions were heard together and are being disposed of finally by common order.

3. Parties before this Court have addressed this Court in Writ Petition No.12198 of 2019 and the facts in the said writ petition are summarised as under :-

4. In Writ Petition No.12198 of 2019, the petitioners have prayed for writ of certiorari for quashing and setting aside the impugned letter/communication dated 17th September 2019 issued by the Education Officer (Secondary), Zilla Parishad, Pune. The petitioners have also prayed for a writ of mandamus against the respondent no.2 to grant sanction and accord permission to the respondent no.3 for submitting the pay bills and signing authority etc. as a Headmaster of the respondent no.3 and for various other reliefs.

5. In Writ Petition (St.) No.3568 of 2021, the petitioner has prayed for a writ of certiorari for quashing and setting aside the impugned order dated 31st May 2019 issued by the management thereby transferring the petitioner from Dapodi School to Shripati Baba Maharaj Madhyamik Vidyalaya, Mahalunge Ingale, Taluka Khed, District Pune w.e.f. 1st June 2019 which is Rural area.

Facts in Writ Petition No.12189 of 2019 :-

6. It is the case of the petitioners that the petitioner no.1 is a President and the petitioner no.2 is a General Secretary of Janta Shikshan Sanstha, Pune which is a Charitable Trust registered under the Maharashtra Public Trust Act, 1950 (for short "the said Trust Act") as also under the provisions of Societies Registration Act, 1860. The Petitioners Trust is running 17 schools in the State of Maharashtra. As per the routine, in the meeting of the Governing Council of the Petitioner Society held on 25th June 2019, there was an agenda in respect of promotion and inter-se transfers of the Headmasters in the schools run by the Petitioner no.1.

7. It was resolved that there was vacancy in Hinjewadi school. There was also requisition/ demand to have a Headmaster having experience and good in administration at the Mahalunge Ingale School. It was resolved to make certain transfers. It was further resolved that Respondent No. 5 Gonte R.M. who was working as a Headmaster at Swami Vivekanand Vidya Mandir and D.T. Patil Junior College, Dapodi be transferred to Shripati Baba Maharaj Madhyamik Vidyalaya, Mahalunge Ingale w.e.f. 1st June 2019. It was further resolved to promote Shri Rajanikant C. Patange Assistant Headmaster (Junior College) to Headmaster at Swami Vivekanand Vidya Mandir and D.T. Patil Junior College, Dapodi.

8. On 31st May 2019, the petitioner no.1 issued a transfer order thereby transferring the Respondent No.5 from Swami Vivekanand Vidya Mandir and D.T. Patil Junior College, Dapodi to Shripati Baba Maharaj Madhyamik Vidyala, Mahalunge-Ingale, Tal. Khed, District: Pune. The Respondent No.5 was informed that he should be relieved immediately and the relieving and joining reports should be forwarded to the petitioner no.1. No representation and cancellation would be entertained from the respondent no.5. Copy of the said order was forwarded to the concerned Headmaster of the school for necessary action.

9. It is the case of the petitioners that in pursuance of the said transfer order, the Respondent No. 5 has been relieved on 1st June 2019 from the Respondent No. 3 School to join the Respondent No. 4 School. Copy of the said relieving order has also been forwarded to the Education Officer (Secondary), Zilla Parishad, Pune and the Respondent No. 4 for information and necessary action.

10. It is the case of the petitioners that in pursuance of the said transfer order dated 31st M