Qazi Samina Yasmeen Mukkarmuddin v. The State Of Maharashtra And Others

2025:BHC-AUG:23119-DB wp NO. 10566 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10566 OF 2025 QAZI SAMINA YASMEEN MUKKARMUDDIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

• Mr. S. G. Munde, Advocate for the Petitioner • Ms. Kalpalata Patil Bharaswadkar, Addl.GP for Respondents / State • Adv. Sharayu B. Pethkar, h/f. Ms. V. A. Shinde, Adovate for , Advocate for Respondent - Zilla Parishad, Aurangabad ...

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 25.08.2025 PER COURT :

1.

Not on board. Taken on board.

2.

Heard learned counsel for the petitioner, the learned Addl.GP for respondent Nos. 1 and 2 as also learned counsel appears for respondent Nos. 3 and 4.

3.

The premise on which the present petition is filed is that the petitioner ought to be given benefit of clause No. 1.8.13 of the Government Resolution dated 18.06.2024. The said clause specifies that if the employee/teacher has completed 53 years at the time Jhs/ 1/2

wp NO. 10566 OF 2025 when the transfer process is initiated, he/she shall be treated as a teacher covered under the special category.

4.

It is an admitted position that when the procedure for transfer was initiated in June-2025, the petitioner was yet to complete 53 years of age and even when the present petition was filed, the petitioner was yet to attain the said age of 53 years. 5.

Hence, the basic premise on which the present petition is filed is erroneous. The petitioner ought to have submitted his options as a teacher not covered under special category and process of transfer would have been undertaken in the context of the petitioner in that manner.

6.

We do not find any merit in the present petition and hence, it is dismissed.

7.

Pending application, if any, is also disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Jhs/ 2/2