Full Judgment Text
2026:BHC-NAG:6808-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4874 OF 2025
1. Santosh S/o Purushottam Mathe,
Aged About Years,
Occupation Assistant Teacher
R/o. Zilla Parishad Marathi
Higher Primary School,
Shelgaon Jahangir Panchayat Samiti,
Chikhli, Tah. Chikhli, District
Buldhana.
2. Rushikesh S/o Pandharinath
Malode, Aged About Years,
Occupation Assistant Teacher
R/o. Zilla Parishad Marathi Primary
School, Dhota Naik Panchayat Samiti,
Chikhli, Tah. Chikhli,
District – Buldhana.
3. Kisan S/o Ramdas Parihar,
Aged About Years,
Occupation – Subject Teacher,
R/o. Zilla Parishad Marathi
Primary School, Borgaon
Kakde, Panchayat Samiti,
Chikhli, Tah. Chikhli, District
- Buldhana.
4. Mangesh S/o Bhaskar Zagare,
Aged About Years, Ccupation
- Subject Teacher, R/o. Zilla
Parishad Higher Primary Marathi
School, Warkhed, Panchayat Samiti,
Chikhali, Tah. Chikhali, District -
Buldhana.
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5. Namdeo S/o Tukaram Shelke,
Aged About Years,
Occupation Assistant Teacher
R/o. Zilla Parishad Higher
Primary Marathi School,
Hiwara Naik, Panchayat Samiti,
Chikhli, Tah. Chikhli, District – Buldhana.
6. Shaikh Mobin S/o Shaikh Mohammad,
Aged About Years, Occupation -
Assistant Teacher, R/o. Zilla Parishad
Higher Primary Marathi School,
Sawana, Panchayat Samiti, Chikhli,
Tah. Chikhli, District – Buldhana.
7. Pandit S/o Shivsingh Ingle,
Aged About Years,
Occupation – Subject Teacher,
R/o. Zilla Parishad Marathi
Higher Primary School, Khor,
Pachayat Samiti, District -
Buldhana.
8. Sachin S/O Keshavrao
Walekar, Aged About
Years, Occupation – Subject
Teacher, R/O. Zilla Parishad Higher
Primary Marathi School,
Muradpur, Panchayat Samiti,
Chikhli, Tah. Chikhli, District
– Buldhana.
9. Dagaduba S/O Kaduba Rajput,
Aged About Years,
Occupation – Subject Teacher,
R/O. Zilla Parishad Marathi
Higher Primary School,
Takarkhed Mu., Panchayat
Samiti, Lonar, Tah. Lonar
District – Buldhana.
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10. Kishor S/O Ramrao Gaikwad,
Aged About Years,
Occupation– Subject Teacher,
R/O. Zilla Parishad Marathi
Higher Primary School,
Jambhul Panchayat Samiti,
Lonar, Tah. Lonar, District –
Buldhana.
11. Gajanan S/O Bhaurao
Wankhede, Aged About
Years, Occupation – Assistant
Teacher, R/O. Zilla Parishad
Marathi Higher Primary
School, Dhanora, Panchayat
Samiti, Lonar, Tah. Lonar,
District – Buldhana.
12. Santosh S/O Uddhav Giri, Aged
About Years, Occupation –
Subject Teacher, R/O. Zilla
Parishad Higher Primary
Marathi School, Asola Bu.
Panchayat Samiti, Chikhali,
Tah. Chikhali, District –
Buldhana.
13. Anil S/O Uddhao Giri, Aged
About Years, Occupation –
Assistant Teacher, R/O. Zilla
Parishad Higher Primary
Marathi School, Lakhanwada
Khu., Panchayat Samiti,
Khamgaon, Tah. Khamgaon,
District – Buldhana.
14. Gajanan S/O Mohansingh
Parihar, Aged About Years,
Occupation – Subject Teacher,
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R/O. Zilla Parishad Higher
Primary Marathi School,
Katoda, Panchayat Samiti,
Chikhli, Tah. Chikhli, District
– Buldhana.
15. Bhaskar S/O Sheshrao
Ambhore, Aged About Years,
Occupation – Head Master,
R/O. Zilla Parishad Higher
Primary Marathi School
Kelwad, Panchayat Samiti
Chikhali, Tah. Chikhali,
District – Buldhana.
... PETITIONERS
...VERSUS…
1. State of Maharashtra,
Through Principal Secretary,
Department of Rural
Development And Water Conservation,
Bandhkam Bhavan 25, Mazban Path,
Fort, Mumbai- 400 001.
2. The Divisional Commissioner,
Amravati Division, Amravati.
3. Zilla Parishad, Buldhana
Through Its The Chief
Executive Officer, Tahsil And
District Buldhana.
4. Education Officer, (Primary)
Zilla Parishad, Buldhana.
Tahsil And District Buldhana.
...RESPONDENTS
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Mr. R.B. Dhore, Advocate for the petitioners.
Ms. M.S. Naik, AGP for the respondent(s)/State.
Ms. Shweta Bhaisare h/f Mr. B.N. Jaipurkar, counsel for respondent no.2
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CORAM : SMT. M.S. JAWALKAR AND
NANDESH S. DESHPANDE, JJ.
th
DATED : 29 APRIL, 2026.
ORAL JUDGMENT ( NANDESH S. DESHPANDE, J.)
1. Rule. Rule is made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties.
2. The petitioners, by way of the present petition, are raising a
challenge to the manner in which the transfer of teaching staff in
Zilla Parishad, Buldhana, is being carried out, which, according to
them, is in contravention of the National Education Policy as also
without taking into consideration the provisions of Maharashtra
Government Servants Regulation of Transfer and Prevention of
Delay in Discharge of Official Duties Act, 2005.
3. We have heard the matter for some time, Mr. R.B. Dhore,
learned counsel for the petitioner, submits that an identical
controversy fell for consideration of this Court in Writ Petition No.
5135 of 2025, which was decided on 25.02.2026. He submits that
an identical order can be passed in the present matter since similar
facts are involved .
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4. We have gone through the judgment of the Writ Petition No.
5135 of 2025. In the said matter, we had directed the Chief
Executive Officer of the Zilla Parishad concerned to decide the
representation in accordance with the procedure envisaged in
Clause 5.10.1 of the Government Resolution dated 18.06.2024.
5. Learned counsel for the petitioners points that the
representation has already made on 12.06.2025, and if the said
representation is directed to be decided in terms of earlier order
referred to supra, their interest would be protected.
6. In that view of the matter, we disposed of the present petition
by issuing following directions:
7. The petitioners in the present petition shall follow the
procedure envisaged in Clause 5.10.1 of the Government Resolution
dated 18.06.2024, and the representation dated 12.06.2025, may
be considered by the concerned Chief Executive Officer.
8. The Chief Executive Officer would be at liberty to follow the
procedure as contemplated under Clause 5.10.2 of the said
Government Resolution, and the further process shall be governed
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by the clauses reproduced in the said Government Resolution below
Clause 5.10.
9. It is further directed that the respondent - Chief Executive
Officer, Zilla Parishad, would decide the representation within four
weeks.
10. It is also made clear that since the petitioners were protected
during the pendency of the petition, if the order of the Chief
Executive Officer is against the interest of the petitioners, the same
shall not come into effect within two weeks thereafter.
11. Rule is made absolute in the aforesaid terms, and the Writ
Petition is disposed of.
(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)
Shubham