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Bombay High CourtWP/5235/2025disposed off

Mahesh Subhash Nagre And Others v. State Of Maha., Thr. Prin. Secretary, Dept. Of Rural Devpt. And Water Conservation, Mumbai And ORS.

2026-04-29Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande5 pages

2026:BHC-NAG:6807-DB NOB.WP5235.25.odt 1/5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5235 OF 2025 Mahesh Subhash Nagre, Aged about 40 years, Occupation - Service, R/o.

Zilla Parishad Uccha Primary School, Nagangaon, Dist. Buldhana.

Kaduba S/o Taterao Deshmukh, Aged About 40 years, Occupation - Teacher, R/o. Zilla Parishad Uccha Primary School, Dhotra Nandai, Dist.

Buldhana.

Arun S/o Kaduba Mundhe, Aged about 41 years, Occupation - Teacher, R/o. Zilla Parishad Primary School, Chinchakhed (East), Dist. Buldhana.

Dipak S/o Vitthal Chate, Aged about 39 years, Occupation - Teacher, R/o. Zilla Parishad Uccha Primary School Garkhed, District - Buldhana.

Santosh S/o Shahu Wagh Aged about 37 years, occupation - Teacher, R/o. Zilla Parishad Uccha Primary School, Dhotra Nandai, District - Buldhana.

6.

Shankar S/o Prahlad Burkul, Aged about 42 years, occupation - Teacher, R/o. Zilla Parishad Uccha Primary School, Saokhed Bhoi, District - Buldhana.

NOB.WP5235.25.odt 2/5 7.

Sanjay S/o Bhaskarrao Mundankar, Aged about 52 years, Occupation - Teacher, R/o. Zilla Parishad Uccha Primary School Saokhed Bhoi, District - Buldhana.

... PETITIONERS ...VERSUS...

State of Maharashtra, Through Principal Secretary, Department of Rural Development and Water Conservation, BandhkamBhavan 25, Mazban Path, Fort, Mumbai -400 001.

The Divisional Commissioner, Amravati Division, Amravati.

ZillaParishad, Buldhana, Through its Chief Executive Officer, Tah. And District - Buldhana.

The Education Officer, (Primary) Zilla Parishad, Buldhana, Tah. And District - Buldhana.

Vinsis System, State Co-Ordinator for Transfer of Zilla Parishad Teachers year 2022 Through Competent Authority, office at ShivajiNiketan, Tejas Society, Behind Kothrud Bus Stand, Kothrud, Pune - 411 038.

...RESPONDENTS --------------------------------------------------------------------------------------------- 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 --------------------------------------------------------------------------------------------

NOB.WP5235.25.odt 3/5 CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED :

th APRIL, 2026.

ORAL JUDGMENT ( NANDESH S. DESHPANDE, J.) Not on board, taken on board.

Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 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. 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

NOB.WP5235.25.odt 4/5 facts are involved .

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. 6.

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. 7.

In that view of the matter, we disposed of the present petition by issuing following directions:

8.

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. 9.

The Chief Executive Officer would be at liberty to follow the procedure as contemplated under Clause 5.10.2 of the said

NOB.WP5235.25.odt 5/5 Government Resolution, and the further process shall be governed by the clauses reproduced in the said Government Resolution below Clause 5.10.

10.

It is further directed that the respondent - Chief Executive Officer, Zilla Parishad, would decide the representation within four weeks.

11.

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. 12.

Rule is made absolute in the aforesaid terms, and the Writ Petition is disposed of.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)