Bombay High Court
Sangita Bhashkarrao Tope And Others vs State Of Maharashtra, Thr. Secretary, ... on 12 February, 2026
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2026:BHC-NAG:2586-DB
WP-211.25-J.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.211 OF 2025
1. Sangita Bhashkarrao Tope,
Petitioner No. 1 is deleted amendment
is carried out as per court's order
dated 26/12/2025
2.Tejaswini Nitin Lokhande, Aged
about: 50 yrs., Occ.: Service,
R/o. Sai Nagar Amravati, Dist. Amravati.
3. Ujwala Wasudeorao Kurhade,
Aged about: 44 yrs., Occ.: Service,
R/o. Dayanand Nagar,
Anjanagaon Surji, Dist. Amravati.
4. Rekha Dnyaneshwar Koche,
Aged about: 45 yrs., Occ.: Service,
R/o. Suraksha Colony, Panchashil Chowk,
Tapovan, Amravati, Dist. Amravati.
5. Jyoti Sureshrao Sirsat,
Aged about: 47 yrs., Occ.: Service,
R/o. Ward No. 5 Warha, Amravati,
Dist. Amravati.
6. Chanda Shamrao Gawali,
Aged about: 45 yrs., Occ.: Service,
R/o. Ward No. 1, Parsapur, Ta. Achalpur,
Dist. Amravati.
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7. Alka Dilip Bhumbarkar,
Aged about: 48 yrs., Occ.: Service,
R/o. Laxmi Nagar, Warud, Dist. Amravati.
8. Ragini Rajkumar Shelke,
Aged about: 46 yrs., Occ.: Service,
R/o. Dayanand Nagar, Anjangaon Surji,
Dist. Amravati.
9. Mahananda Rayke,
Aged about: 47 yrs., Occ.: Service,
R/o. Dattavihar Colony, Nr University Amravati,
Dist. Amravati.
10. Rohini Rameshrao Dikkar,
Aged about: 40 yrs., Occ.: Service,
R/o. ZP School Talani, Dist. Amravati.
11.Seema Gajanan Datir,
Aged about: 48 yrs., Occ.: Service,
R/o. Mali Pura Morshi, Amravati,
Dist. Amravati.
12. Sushma Ajayrao Deshpande,
Aged about: 50 yrs., Occ.: Service,
R/o. Renuka Nagar, Pandhurna Chowk, Warud.
13. Swati Ashokrao Khatarkar,
Aged about: 49 yrs., Occ.: Service,
R/o. Dayanand Nagar Anjanagaon Surji,
Dist. Amravati.
14. Aparna Arunrao Adulkar,
Petitioner No. 14 is deleted. Amendment
carried out as per court's order dated 26/12/2025
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15. Mangala Suresh Belsare,
Aged about: 49 yrs., Occ.: Service,
R/o. Vasundhara Colony, Anjanagaon,
Dist. Amravati.
16. Jyoti Mahadeo Bhatkar,
Aged about: ___ yrs., Occ.: Service,
R/o. Navjivan Colony Kathora Road,
Amravati, Dist. Amravati.
17. Preeti Gangadarrao Aware,
Aged about: 43 yrs., Occ.: Service,
R/o. Mehar Baba Nagar Chandur Rly,
Dist. Amravati.
18. Mangala Diliprao Solanke,
Aged about: 49 yrs., Occ.: Service,
R/o. Mohan Nagar, Nr Sai Temple,
Navsari, Amravati, Dist. Amravati.
19. Shilpa Purushottam Raut,
Aged about: 41 yrs., Occ.: Service,
R/o. Near Kitukale Hospital Amravati,
Dist. Amravati.
20. Varsha Kishor Kandalkar,
Petitioner No. 20 is deleted. Amendment
carried out as per court's order dated 22/12/2025
21. Shilpa Rameshpant Deshmukh,
Petitioner No. 21 is deleted. Amendment
carried out as per court's order dated 22/12/2025
22. Archana Walmikrao Deshmukh,
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Aged about: 46 yrs., Occ.: Service,
R/o. Kaivalya Colony, Shegaon Naka,
Amravati, Dist. Amravati.
23. Jyoti Sunil Khode,
Aged about: 53 yrs., Occ.: Service,
R/o. Akshay Colony Navsari Amravati,
Dist. Amravati.
24. Sangeeta Deoman Gawai,
Aged about: 52 yrs., Occ.: Service,
R/o. New Hanuman Nagar Nr VMV College Amravati,
Dist. Amravati.
25. Priti Rambhau Pendre,
Petitioner No. 25 is deleted. Amendment
carried out as per court's order dated 22/12/2025
26. Jyoti Ramdas Malkhede,
Aged about: 41 yrs., Occ.: Service,
R/o. Vyanktesh Nagar Devmali, Ta Achalpur,
Dist. Amravati.
27. Sangeeta Mukundrao Pawar,
Aged about: 48 yrs., Occ.: Service,
R/o. Gulmohar Colony, Devmali Narayanpur,
Ta Achalpur, Dist. Amravati.
28. Pranita Mahesh Khojare,
Aged about: 40 yrs., Occ.: Service,
R/o. Sainath Colony Kandali, Paratwada,
Dist. Amravati.
29. Gangotri Bhashkarrao Bansod,
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Aged about: 44 yrs., Occ.:Service,
R/o. Rajapeth Amravati, Dist. Amravati.
30. Prashant Babaraoji Unde,
Aged about: 45 yrs., Occ.: Service,
R/o. Rathi Nagar Amravati, Dist. Amravati.
31. Sandeep Hiralal Kuralkar,
Aged about: 45 yrs., Occ.: Service,
R/o. At Post Shingnapur Tahsil Daryapur,
Dist. Amravati.
32. Pravin Vishwanath Umbarkar,
Aged about: 46 yrs., Occ.: Service,
R/o. Sai Nagar Daryapur, Dist. Amravati.
33. Sanjay Ramdas Dhande,
Aged about: 45 yrs., Occ.: Service,
R/o. Near Bus Depot Morshi, Dist. Amravati.
34. Pramod Manoharrao Kaple,
Aged about: 49 yrs., Occ.: Service,
R/o. Peth Pura Morshi, Dist. Amravati.
35. Ajay Purushottam Gulhane,
Occ.: Aged about: 51 yrs., Service,
R/o. Nilkanth Chowk, Budhwara Amravati,
Dist. Amravati.
36. Avinash Shankarrao Ramteke,
Aged about: 51 yrs., Occ: Service,
R/o. Dattawadi Arjun Nagar Amravati,
Dist. Amravati.
37. Sahebrao Bhimrao Parteti,
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Aged about:. 52 yrs., Occ.: Service,
R/o. ZP School Porgavan, Dist. Amravati.
38. Pramod Mahadeo Kadu,
Aged about: 45 yrs., Occ.: Service,
R/o. Behind Vrundavan Colony,
Shivneri Nagar Amravati, Dist. Amravati.
39. Shrikrishna Sukhdeorao Tayde,
Aged about: 52 yrs., Occ.: Service,
R/o. Shankar Naka Anjangaon Surji,
Dist.Amravati.
40. Gajanan Baliram Bhave,
Aged about: 49 yrs., Occ.: Service,
R/o. Mahesh Nagar Anjangaon Surji,
Dist. Amravati.
41. Pankaj Narendra Bidkar,
Aged about: __ yrs., Occ.: Service,
R/o. At Po Riddhapur, Ta Morshi
Amravati, Dist. Amravati.
42. Gajanan Vishwanath Dikkar,
Aged about: 53 yrs., Occ.: Service,
R/o. Zenda Chowk, Wadnera Gangai,
Dist. Amravati.
43. Rafique Ajimoddin Pathan,
Aged about: 49 yrs., Occ.: Service,
R/o. Civil Line Daryapur, Dist. Amravati.
44. Anil Ramkrushna Naik,
Aged about: 46 yrs., Occ.: Service,
R/o. At Post Ramtirth, Tahsil Daryapur,
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Dist. Amravati.
45. Prafulla Raosaheb Nishane,
Aged about: 48 yrs., Occ. Service,
R/o. Jagruti Colony Daryapur, Dist. Amravati.
46. Sudhir Vitthalrao Swargiye,
Aged about: 50 yrs., Occ.: Service,
R/o. ZP School Amala, Dist. Amravati.
47. Lalitkumar Bhauraoji Banait,
Aged about: 46 yrs., Occ.: Service,
R/o. At Post Movad, Tahsil Narkhed
Dist. Nagpur
48. Bhimsen Ambadas Deore,
Aged about: 45 yrs., Occ.: Service,
R/o. ZP School Dighi kolhe,
Dist. Amravati.
49. Ram Nagnath Mahajan,
Aged about: 40 yrs., Occ.: Service,
R/o. Raghunandan Apartment,
Rajapeth Amravati, Dist. Amravati
50. Deepak Sahebrao Nathe,
Aged about: 50 yrs., Occ.: Service,
R/o. Gulmohar Colony Devmali
Post. Narayanpur, Tahsil Achalpur,
Dist. Amravati.
51. Kalpana Gajanan Behare,
Aged about: 50 yrs., Occ.: Service,
R/o. Ward No. 2, Kurha, Tahsil Tiosa, Dist. Amravati.
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52. Kavita Suresh Abruk,
Aged about: 47 yrs., Occ.: Service,
R/o. Behind Deshmukh Lawn Shegaon Naka Amravati,
Dist. Amravati.
53. Lalita Narayanrao Ingle,
Aged about: 49 yrs., Occ.: Service,
R/o. Ravi Nagar Paratwada,
Dist. Amravati.
54. Mangala Narayanrao Bhoyar,
Aged about: 54 yrs., Occ.:Service,
R/o. Pote Township Kathora Road Amravati,
Dist. Amravati.
55. Rajendra Shrawanji Wasule,
Aged about: 54 yrs., Occ.: Service,
R/o. Shrikrishna Nagar Chandur Bazar,
Dist. Amravati.
56. Vijaya Ganesh Gulhane,
Aged about: 51 yrs., Occ.: Service,
R/o. Dattakrupa Colony, Mardi Road Amravati,
Dist. Amravati.
57. Rukhsana Firoz Ahmad Shaikh,
Aged about: 47 yrs., Occ.: Service,
R/o. ZP School Anjangaon Bari,
Dist. Amravati.
58. Abdul Naim Abdul Bashir,
Aged about: 53 yrs., Occ.: Service,
R/o. Zamzam Nagar Amravati,
Dist. Amravati.
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59. Mohammad Nusrat Ulla,
Aged about: 49 yrs., Occ.: Service,
R/o. Bada Alawa Akot, Dist. Akola.
60. Mohammad Shakur Abdul Shakoor Abdul Kalam,
Aged about: 50 yrs., Occ.: Service,
R/o. At Post Vihigaon, Tahsil Anjangaon Surji,
Dist. Amravati.
61. Snehal Prabhakar Gote,
Aged about: 36 yrs., Occ.: Service,
R/o. Adgaon Amravati, Dist. Amravati.
62. Vrushali Arvind Rohankar,
Aged about: 45 yrs., Occ.: Service,
R/o. Wadnerkar, Wadi Sai Nagar Amravati,
Dist. Amravati.
63. Archana Prahlad Gade,
Aged about: 47 yrs., Occ.: Service,
R/o. ZP School Shirpur, Dist. Amravati.
64. Praful Ramesh Bhore,
Aged about: 50 yrs., Occ.: Service,
R/o. ZP School Bordi, Dist. Amravati.
65. Savita Surendrasing Gailavar,
Aged about: 51 yrs., Occ.: Service,
R/o. Gajendra Vihar Colony Behind Finle Mil Paratwada,
Dist. Amravati.
66. Pranita Mallikarjun Mangule,
Aged about: 38 yrs., Occ.: Service,
R/o. Gajendra Vihar Colony,
Behind Finle Mil Paratwada,
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Dist. Amravati.
67. Pravin Balasaheb Jawarkar,
Aged about: 46 yrs., Occ.: Service,
R/o. At Post Karajgao Tahsil Chandur Bazar,
Dist. Amravati.
68. Megha Bhagwatrao Hiwase,
Aged about: 49 yrs., Occ.: Service,
R/o. Ramayan Nagar, New Town Badnera Amravati,
Dist. Amravati.
69. Gajanan Laxmanrao Anjankar,
Aged about: 50 yrs., Occ.: Service,
R/o. ZP School Januna, Dist. Amravati.
70. Pranjali Madhukarrao Anjikar,
Aged about: 45 yrs., Occ.:Service,
R/o. ZP School Pimpalkhuta, Dist. Amravati.
71. Seema Pandurang Landge,
Aged about: 36 yrs., Occ.: Service.
R/o. ZP School Waygaon, Dist. Amravati.
72. Sudhir Vasantrao Gulhane,
Deleted as per court's order dated 22/04/2025
73. Geetanjali Vithoba Gayakwad,
Aged about: 45 yrs., Occ.: Service,
R/o. ZP School Ghodasgaon, Dist. Amravati.
74. Ashwini Rameshrao Londe,
Aged about: 38 yrs., Occ.: Service,
R/o. Takkar Chowk Bilanpura Achalpur, Dist. Amravati
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75. Chaitali Rajendra Lohe,
Petitioner No. 75 is deleted. Amendment
carried out as per court's order dated 22/12/2025
76. Rohini Chandrabhan Parde,
Aged about: 35 yrs., Occ.: Service,
R/o. Shivaji Nagar, Paratwada, Dist. Amravati.
77. Purushottam Maroti Matre,
Aged about: 45 yrs., Occ.: Service,
R/o. At Post Ramtirth, Tahsil Daryapur, Dist. Amravati.
78. Manohar Ramdas Gharat,
Aged about: 50 yrs., Occ.: Service,
R/o. Vyanktesh Nagar, Devmali Paratwada,
Dist. Amravati.
79. Ratiram Saduji Mawaskar,
Aged about: 52 yrs., Occ.: Service,
R/o. Kausalya Vihar Paratwada,
Dist. Amravati.
80. Shriram Tumlaji Darsimbe,
Aged about: 53 yrs., Occ.: Service,
R/o. Swaraj Park Rangoli Lawn Paratwada,
Dist. Amravati.
81. Seema Ramdas Mehenge,
Aged about: 43 yrs., Occ.: Service,
R/o. Dwarka Nagar Sai Nagar Amravati,
Dist. Amravati.
82. Umesh Prabhakarrao Kapse,
Aged about: 48 yrs., Occ.:Service,
R/o. ZP School Nimgavhan, Dist. Amravati.
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83. Pravin Haribhau Shendre,
Aged about: 48 yrs., Occ.: Service,
R/o. Bhivapur Nagar Benam Chowk Shegaon,
Dist. Amravati.
84. Gajanan Ganpatrao Ingale,
Aged about: 50 yrs., Occ.: Service,
R/o. Deshpande Wadi Rajapeth Amravati,
Dist. Amravati.
85. Shaikh Shakil Shaikh Sheru Pathan,
Aged about: 50 yrs., Occ.: Service,
R/o. Goyanka Oil Mil Road Dhamangaon Rly,
Dist. Amravati.
86. Devanand Bhanudas Dahat,
Aged about: 50 yrs., Occ.: Service,
R/o. Pruthviraj Nagar Dhamangaon Rly,
Dist. Amravati.
87. Jyoti Krishnarao Barde,
Aged about: 49 yrs., Occ.: Service,
R/o. Ram Mandir Road Chandur Rly,
Dist. Amravati.
88. Nita Sudhir Karpe,
Aged about: 45 yrs., Occ.: Service,
R/o. LIC colony Amravati,
Dist. Amravati.
89. Sushama Prakashrao Chavan,
Aged about: 47 yrs., Occ.: Service,
R/o. Sai Nagar, Daryapur, Dist. Amravati.
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90. Nikhat Mahjabeen Mh Naim Ur Rahman,
Aged about: 53 yrs., Occ.: Service,
R/o. Chaprashi Pura Camp Amravati,
Dist. Amravati.
91. Jyoti Yuvraj Deshbhratar,
Aged about: 43 yrs., Occ.: Service,
R/o. ZP School Jalu PS Nandagaon Khandeswar,
Dist. Amravati. .....PETITIONERS
//VERSUS//
1. State of Maharashtra,
through Secretary Rural Development Department,
Off at:- Bandhkam Bhawan, Marzban Road,
Fort, Mantralaya, Mumbai-01.
2. State of Maharashtra,
Through Divisional Commissioner, Amravati,
Off at: Kanta Nagar, Amravati,
Maharashtra, 444603.
3. State of Maharashtra,
Through Collector, Amravati,
Off at: MH SH 243, Paranjpe Colony,
Amravati, Maharashtra 444602.
4. Zilla Parishad, Amravati,
Through Chief Executive Officer (CEO),
Off at Maltekdi, Amravati, Maharashtra 444603.
5. Education Officer (Primary), Amravati,
Off at:-at:- NH 6, Khaparde Bagicha, Maltekdi,
Amravati, Maharashtra 444606.
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6. Vinsys IT Services,
through its Managing Director and Chairman,
Off at:- Shivaji Niketan, Tejas Society,
Behind Kothrud Bus Stand, Near Mantri Park,
Kothrud, Pune 411038. .......RESPONDENTS
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Shri R.P. Masurkar, Advocate for the petitioners.
Shri N.R.Patil, AGP for Respondent/State
Shri S.S.Shinde, Advocate for the Respondent Nos. 4 & 5.
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CORAM : MRS. M. S. JAWALKAR AND
MR NANDESH S. DESHPANDE, JJ.
DATE OF RESERVING THE JUDGMENT : 22.01.2026
DATE OF PRONOUNCING THE JUDGMENT : 12.02.2026
JUDGMENT :(Per - Smt.M. S. JAWALKAR, J.)
1. Heard.
2. RULE. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
3. By this petition, the petitioners, who are the employees of the Zilla Parishad Amravati, have challenged the transfer orders issued pursuant to Government Resolution dated 18/06/2024, contending that the same is in clear violation of the order passed by this Court in Writ Petition No.5258/2023, wherein this Court directed ANSARI KHUNTE WP-211.25-J.odt 15/22 the respondents to conduct the transfer process in accordance with the Government Resolution dated 07/04/2021.
4. The petitioners are teachers working in Zilla Parishad schools in Amravati District and fall under Level '7' for the purpose of transfers. They have not completed the minimum tenure of three years at their present postings, as is required under the Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005.
5. It is submitted that the State Government, by Government Resolution dated 06/08/2002, laid down a condition that no teaching post in difficult and tribal areas such as Melghat and Chikhaldara should remain vacant, a policy upheld by this Court in Suo Motu Writ Petition No. 3278/2010 by the order dated 13/09/2012.
6. Furthermore, to implement this policy, the State issued G.R. dated 07/04/2021, which focused on providing a structured transfer mechanism ensuring staffing in difficult areas while enabling eligible teachers to move to plain areas. However, due to defects in the online transfer system, eligible teachers were denied proper options, leading to filing of Writ Petition No. 5258/2023, wherein this Court, by order dated 04/12/2023, directed the authorities to ANSARI KHUNTE WP-211.25-J.odt 16/22 conduct transfers strictly in accordance with the said G.R.
7. Despite this, during the pendency of proceedings in Contempt Petition No. 216/2024, wherein an undertaking was given by the respondent No. 4 on 14/11/2024 that the transfer process would be completed and the transfer orders would be placed before the Court, yet the State issued a fresh G.R. dated 18/06/2024 and conducted transfers under the modified policy, which was contrary to the directions of this Court.
8. The petitioners submitted that the impugned transfers violate the binding order dated 04/12/2023, disregard the statutory minimum tenure under the 2005 Act, and result in premature displacement of teachers while vacancies in difficult areas continue to remain unfilled. Hence, the impugned transfer orders are erroneous and deserve to be set aside.
9. The Counsel for the petitioners, in support of his contentions, relied upon the judgment in Writ Petition No. 7287/2024 (Sangita Rajendra Hole & others vs. The State of Maharashtra & others).
10. Per contra, the Respondent Nos. 4 and 5 submitted that ANSARI KHUNTE WP-211.25-J.odt 17/22 the petitioners were transferred in the 7th round of the transfer process, and the transfer orders were issued on 30/04/2025. It is stated that although transfers were earlier conducted through the online system under the G.R. dated 07/04/2021, the State issued a subsequent G.R. dated 18/06/2024 to make the process more workable and to address transfers across different cadres more effectively.
11. It is further submitted that Clause 1.10 of the G.R. dated 18/06/2024 clearly provides that teachers who have completed five years in the same school are liable to be transferred on administrative grounds. However, this requirement is expressly relaxed when transfers are made to fill vacancies in difficult areas. According to the respondents, this provision is substantially similar to the earlier G.R. dated 07/04/2021, and therefore, even if the earlier policy is applied, the petitioners' transfers would remain valid.
12. The respondents further contend that the petitioners were transferred specifically to fill vacancies in difficult areas during the 7th round, and therefore, the length of service at their present schools becomes irrelevant. On this basis, the contention that the petitioners had not completed the minimum three-year tenure is stated to be without merit.
ANSARI KHUNTE WP-211.25-J.odt 18/22
13. Heard the learned counsel for the parties at length, perused the record and the citations relied on by the respective counsel.
14. The ground raised in the present petition is covered by the judgment in Writ Petition No.7287 of 2024 (Sangita Rajendra Hole and others v. The State of Maharashtra and others) and other connected petitions, decided by this Court on 16/01/2026.
15. So far as challenge to the GR dated 18/06/2024 is concerned, that issue is already decided by the Principal Seat of this Court in Writ Petition No.5456 of 2025 (The Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendrapramukh Sabha and others v. The State of Maharashtra and others) and other connected petitions. In the said matters, there was a challenge to the GR dated 27/02/2017 and as amended from time to time was dismissed and upheld the validity of the GR in respect of the transfer policy. In the matter of Sangita Rajendra Hole and others v. The State of Maharashtra and others (supra), this Court has already quashed and set aside the seniority list prepared by the respondent-Zilla Parishad Amravati for 'Difficult Area Round Teachers List' and held in paras 5, 6 and 7, as under:
"5. In view of clause 1.10 of the GR dated 07/04/2021 in terms of which teachers working in plain area for ten years and for five years in the present place of posting, they are eligible for being considered for transfer.
ANSARI KHUNTE WP-211.25-J.odt 19/22 The proviso thereto, however, permitted transfer, to vacant seats in difficult area of a person, who had completed employment in plain area for a period of ten years, without the requirement of the person being posted in the existing place of posting for a period of five years being insisted upon. As vacant seats in the difficult area are to be filled in, the priority to seniority as per stay in plain area is required to be considered for transferring the employee from plain area to difficult area. Thus, there is no difficulty in transferring the person to the difficult area, who has completed ten years of service in plain area. It would not be required that he should complete five years of service in his existing post. However, this exercise has to be done only if the Zilla Parishad prepared a list of teachers having served in plain area for ten years and more, i.e. as per their stay-wise seniority list in plain area. If Annexure-F i.e. Difficult Area Round Teachers List is perused, there are 15 columns, which are as under:-
Sr. Name Shalarth School UDISE Taluka Teacher Sub. Medium DOB No. Id No. Type Type (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Current Current Current Total service in current Total service in Area District School district till 30th current school till Joining date Joining Date Joining Date September 2024 30th September, 2024 (11) (12) (13) (14) (15)
6. After considering these columns, we are satisfied that there is no column wherein the 'teachers stayed in plain area' is mentioned. The learned counsel for the Zilla Parishad vehemently submitted that this list itself is stay-
wise list. However, on perusal of the same, there is only heading 'current district joining date'. If any district is having plain area as well as difficult area, his date of joining in the district would not suffice to maintain the seniority list, but his joining date of school in plain area would be ANSARI KHUNTE WP-211.25-J.odt 20/22 material to fix his seniority. If after joining in the district for some period in between, he was transferred to the difficult area and again brought to the plain area in that case the date of joining in the district may be of prior to ten years, but it cannot be treated as the date of joining in the plain area. As such, the list prepared would not be effectively implemented, as it is not as per Clause 1.10 of the GR dated 07/04/2021. After going through the judgment of the Principal Seat of this Court in Writ Petition No.5456 of 2025 and other connected petitions (supra), it is clear that the difficult area is something different from the area unsuitable for lady teachers. It may be part of difficult area, but all difficult areas cannot be said to be unsuitable for lady teachers.
7. Now question only remains about transfer of teachers from plain area to difficult area and how ten years of service is to be calculated. As per their stay in plain area, their stay-wise seniority is required to be fixed. Though learned AGP and the learned counsel for the Zilla Parishad submitted that the column i.e. entry in 'current district joining date' itself is the date of joining in plain area. However, as discussed above, in the district where there are plain as well as difficult areas, then it has to be specifically mentioned that when ten years of service of the teacher in plain area is completed. As per seniority after ten years where he has posted, transfer can be effected as per stay- wise seniority. Unless that is not specifically mentioned, it cannot be said that clause 1.10 is effectively implemented. Even on perusal of GR dated 07/04/2021, the information to be filled in as per Information Form-1 meant to be filled in by eligible teachers to be transferred no information is called on, since when the teacher is working in plain area. As such, the list prepared needs to be quashed and set aside and on the basis of the same, transfers cannot be effected. It is pointed out by the learned counsel for the Zilla Parishad that the portal is prepared by the Government and therefore, we have no role to play, except submission of ANSARI KHUNTE WP-211.25-J.odt 21/22 information as provided by the teachers. In view of this, it is also necessary to issue directions to the State as well as Zilla Parishad to revise the seniority list by modifying the portal and by inclusion of column 'current joining date in plain area'. Accordingly, the writ petition is partly allowed."
16. After the above observations, this Court quashed and set aside the 'Difficult Area Round Teachers List' dated 28/11/2024 and quashed and set aside the transfer orders of the respective petitioners.
17. In the present matter, if the petitioners are not relieved from their post for joining to the said transferred post, the transfer orders are required to be quashed and set aside, in view of the fact that the seniority list prepared by the respondent-Zilla Parishad for 'Difficult Area Round Teachers List' itself is set aside. In fact, their transfer orders are also to be cancelled. However, if any petitioner is willing to continue for this Academic Session to his transferred post, his representation may be considered by the respondent-Zilla Parishad Amravati and those who are not relieved or have not joined their transferred post, their transfer orders shall stand cancelled, in view of setting aside of the seniority list.
18. In view of above, the petition stands disposed of in terms of order passed in Writ Petition No.7287 of 2024 (supra). However, the ANSARI KHUNTE WP-211.25-J.odt 22/22 respondent-Zilla Parishad Amravati shall consider the representation if filed by any of the petitioner, who had been relieved and joined at the transferred post for continuation to their respective transferred post and those who are willing to continue there till the end of Academic Session shall be decided within one months from the date of filing of representation.
19. Rule accordingly. No costs.
(NANDESH S. DESHPANDE, J) (SMT. M. S. JAWALKAR, J)
ANSARI
Signed by: Mr. G.S. Khunte KHUNTE
Designation: PS To Honourable Judge
Date: 16/02/2026 10:33:42