Kalpna Bhanudasrao Bhosale v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:12578-DB 81wp402-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 WRIT PETITION NO. 402 OF 2024 KALPNA BHANUDASRAO BHOSALE

VERSUS

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

Mr. S. C. Yeramwar h/for Ms. Joshi Neeta D, Advocate for the Petitioner Mr. M. M. Nerlikar, AGP for Respondents State Mr. S. R. Yadav-Lonikar, Advocate for Respondent No.3

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 25th June, 2024 ORDER:

1.

The Petitioner was transferred as per the preference mentioned by her in her application, vide order dated 12.05.2023. Now the grievance of the Petitioner is that according to the policy of the Government, the farthest distance between her and her husband should be 30 kms. and presently it is 36 Kms. Hence, she prays for considering her representation for transfer when the academic curriculum has already commenced.

2.

The learned Advocate for the Zilla Parishad has opposed this Petition on the ground that according to the Online Teachers Transfer Management System(Portal), there is no human indulgence. Available vacancies in the light of the 30 options mentioned by the candidates

81wp402-24 seeking transfer, are considered and without any human interference, postings are allotted.

3.

We find that even if this Court is to direct consideration of the application of the Petitioner, a transfer in the month of August or September would not be in the interest of students. So also, an online application has not been filed by the Petitioner and request is made that the offline application dated 14.12.2023 may be considered. 4.

In view of the above, this Writ Petition is disposed off by permitting the Zilla Parishad to look into the representation dated 14.12.2023, strictly in accordance with the available vacancies and if it is practicable and feasible. Moreover, considering the interest of the students, if such transfer is possible, the same be effected after the end of academic curriculum in the month of April, 2025. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan