Maharashtra State Teacher Council Primary Department v. The State Of Maharashtra Thro. Secretary

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.09.29 11:26:27 +0530 GAURI AMIT GAEKWAD 950.WP-12062-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12062 OF 2025 Maharashtra State Teacher Council Primary Department ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mrs. Preeti Walimbe for the Petitioner.

Mrs. Neha Bhide, GP a/w. Mr. Kedar B. Dighe, Addl. GP and Mr. Karan J. Thorat, 'B' Panel Counsel for the Respondent - State. Mr. Ashwin R. Kapadnis for the Respondent - Zilla Parishad. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 23rd SEPTEMBER, 2025 P.C. :- 1.

In Najir Yusuf Shaikh and Anr. v/s. The State of Maharashtra and Ors. (Writ Petition No.2246 of 2024), this Court (Coram : Ravindra V. Ghuge and R.M. Joshi, JJ.) passed an order on 28th February, 2024, recording that as Petitioner No.1 had neither undergone a Coronary Bypass Surgery nor a Cardiovascular Surgery, he cannot be permitted to move an application offline for transfer on the ground that he had undergone a Coronary Angioplasty.

Gauri Gaekwad

950.WP-12062-2025.odt 2.

This Court [Coram : Shree Chandrashekhar (as His Lordship then was) and Aarti Sathe, JJ.] has passed an order on 26th August, 2025, in Writ Petition No.10001 of 2025 (Bajirao Valu Kamankar and Ors. v/s. Zilla Parishad, Nashik and Ors.), wherein 28 Petitioners had undergone Angioplasty. The Court concluded that, as per the GR dated 18th June, 2024, a Teacher who has undergone Heart Surgery is excluded from the transfer exercise. None of the Petitioners had undergone such surgery. 3.

In view of the above, we deem it appropriate to direct the Principal Secretary, Rural Development Department, to issue an appropriate Circular containing directions to the Chief Executive Officers of all the Zilla Parishads, setting forth that candidates who have undergone Angioplasty will not be treated at par with those who have undergone Bypass/Open Heart Surgery. 4.

With the above conclusion and directions, this Petition is disposed off.

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