Jyoti Haridas Dhawane And ANR v. The State Of Maharashtra Thr The Sec. Dept. Of School Edu. And Sports And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4048 OF 2026 Jyoti Haridas Dhawane & Anr.

....Petitioners

Versus

The State of Maharashtra & Anr.

....Respondents ---- Mr. Suresh Pakale (Senior Advocate) a/w Mr. Nilesh Desai i/b. Ms. Padmaja Malgaonkar, for Petitioners.

Mr. S. V. Gavand a/w. Mr. P. H. Gaikwad, for Zilla Parishad Pune/Respondents.

Mr. P. P. Kakade, Addl. GP a/w Mr. A. K. Naik, AGP for the State. ---- CORAM : RAVINDRA V. GHUGE & HITEN S. VENEGAVKAR, JJ.

DATE : 17th APRIL, 2026 P.C. :- 1.

Both the Petitioners are lady teachers and have been deployed in a difficult area.

2.

The learned Advocate for the Zilla Parishad has prepared a ready reference chart (6 pages), indicating minute details of each of these Petitioners. We appreciate the efforts taken by the learned Advocate, Mr. Gavand, and the said compilation is taken on record and marked as 'X' collectively for identification.

3.

Having heard the learned Senior Advocates, the learned GP/AGPs, and the learned counsel for the appearing parties, and in the light of the Government Resolution dated 18.06.2024, it is clear that these two lady teachers cannot be posted in a difficult area. 4.

Mr. Gavand points out that both were given liberty to indicate 30 options, and one of the options selected by them has been granted, which happens to be a difficult area. The Teacher Transfer Management System appears to have mechanically accepted the option and granted them the posting accordingly. It is now realized that both had opted for a difficult area. Mr. Pakale hastens to add that this may have occurred due to ignorance or inaccurate information. Mr. Gavand, however, submits that a separate list of difficult areas had already been made available to all the teachers.

5.

Be that as it may, these two Petitioners appear to have inadvertently opted for a difficult area. If they are have spouses below 53 years of age and are posted in difficult areas, they may have the liberty to opt for such areas so as to be closer to their male spouses.

6.

Keeping in view that the Academic Year 2025-2026 is almost concluded, these Petitioners can file fresh physical applications within 15 days from today, on or before 30th April 2026, just in case, if the portal is non-functional. In the event these Petitioners are required to make online applications on the portal, provided the portal is functional, such applications shall be made between 1st May, 2026 to 5th May, 2026 by selecting any option falling in a plain area. In which case, their physical applications can be discarded.

7.

Mr. Gavand submits that the appropriate details would be fed into the system and, for the Academic Year 2026-2027, the two Petitioners would be posted accordingly.

8.

In view of the above, this Petition is disposed off. (HITEN S. VENEGAVKAR, J.) (RAVINDRA V. GHUGE, J.)