Dipak Kisan Tabhane And Others v. The State Of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5263/2025 Dipak Kisan Tabhane & others ..versus..

State of Maharashtra & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri C. Pawar, Adv h/f Shri P.S. Kshirsagar, Adv for the Petitioner(s) Ms. H.S. Dhande, AGP for the Respondent/State Shri K.S. Malokar, Advocate for the Respondent Nos. 2 and 3 CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. APRIL 18, .

Heard the learned counsel for the respective parties. (2) Challenge in the petition is the midterm transfer for the year 2025-26. It is also prayed for holding and declaring clause 1.10 of the GR dated 18/06/2024 to the extent of it removes minimum required tenure for a teacher to be eligible for transfer. There is further prayer for grant of stay to the transfer order pursuant to transfer process for transfer of petitioners-teachers in primary school of Zilla Parishads for the year 2025-26 in the Difficult Area Round taken up by the respondent No.2-Chief Executive Officer, Zilla Parishad, Nagpur. (3) This issue is already decided in Writ Petition No.7287 of 2024 (Sangita Rajendra Hole and others v. The State of Maharashtra and

others) and other connected matters, wherein for the reasons stated in the said judgment, the Difficult Area Round Teachers List dated 28/11/2024 is itself quashed and set aside. So far as validity of clause 1.10 of GR dated 18/06/2024 is concerned, it is already upheld by the Principal Seat of this Court by the judgment dated 14/11/2025 in the matter of The Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendrapramukh Sabha and others v. The State of Maharashtra and others, Writ Petition No.5456 of 2025 and other connected matters, therein challenge to the validity to the GR dated 27/02/2017 and as amended from time to time is dismissed and upheld the validity of the GR in respect of the transfer policy.

The only question is now to decide whether transfer orders are contrary to the provisions of GR dated 18/06/2024 as held in the matter of Sangita Rajendra Hole and others v. The State of Maharashtra and others (supra). The 7th round of Difficult Area Round Teachers list dated 28/11/2024 is contrary to clause 1.10 of the GR dated 18/06/2024 and the same was quashed and set aside. (4) The learned AGP as well as learned Counsel for the Zilla Parishad, Nagpur fairly conceded that the issue involved in the petition is covered by the judgment in Sangita Rajendra Hole and others v. The State of Maharashtra and others (supra).

(5) In view thereof, nothing survives in the present petition. Accordingly, the petition stands disposed of in terms of judgment in Sangita Rajendra Hole and others v. The State of Maharashtra and others (supra). No costs.

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