Fareeda Jabeen Abdul Gaffar v. The State Of Maharashtra Through Secrtary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2269 OF 2025 Fareeda Jabeen Abdul Gaffar ....Petitioner versus The State of Maharashtra & Ors.

....Respondents WITH WRIT PETITION NO.2821 OF 2025 Mohammad Talha Mohammad Arif ....Petitioner versus The State of Maharashtra & Ors.

....Respondents Ms. Anita Bhaktwani, Advocate for the Petitioners. Mr. A.K. Naik, AGP for the Respondent - State in WP/2269/2025. Ms. N.M. Mehra, AGP for the Respondent State in WP/2821/2025. Mr. N.R. Bubna a/w Ms. Pooja G. Malik, Advocate for RespondentBhiwandi Municipal Corporation. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 3rd MARCH, 2025

P.C. :- 1.

The Petitioners pray for a transfer to the Chhatrapati Sambhaji Nagar, Municipal Corporation Urdu schools. Both are appointed as teachers in the Municipal Urdu School No.70 and 85 at Gulzar Nagar, Kacheri Pada, Bhiwandi, District Thane. 2.

Both these Petitioners are from Chhatrapati Sambhaji Nagar. Both had given their preference to the Chhatrapati Sambhaji Nagar Urdu School and then to the Respondent Bhiwandi Nizampur Municipal Corporation. However, considering their results and the vacancies, they were appointed with the Bhiwandi Municipal Corporation Urdu Schools.

3.

The contention of the Petitioners is that, on the one hand, the Chhatrapati Sambhaji Nagar, Municipal Corporation has given its no objection to absorb the Petitioners in it's Urdu Schools. The difficulty with the Bhiwandi Municipal Corporation is that if they relieve the Petitioners today or in the nearest future, vacancies would crop up with School Nos.70 and 85.

4.

The learned Advocate for the Corporation submits that as soon as teachers are made available, especially to fill in the two posts if these two Petitioners were to be transferred, the Respondent-Corporation would be comfortable. On instructions, the learned Advocate submits that the Corporation assures that if it receives two teachers from the Pavitra Portal to replace these two Petitioners, both of these Petitioners would be relieved and would be permitted to join Chhatrapati Sambhaji Nagar. 5.

By recording the above statement, both these Writ Petitions are disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)