Durga Gorakshanath Mutkule v. Divisionl Commissioner,Nashik Region, Nashik.4.The Chief Executive Officer,Zilla Parishad, Ahilyanagar,Dist. Ahilyanagar.5.The Education Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD905 WRIT PETITION NO.12229 OF 2025Durga Gorakshanath Mutkule.. PetitionerVERSUS1.State Of MaharashtraThrough Its Secretary, School Education Department, Mantralaya, Mumbai-32.2.The Secretary, Rural Development Department, Mantralaya, Mumbai-32.3.The Divisionl Commissioner, Nashik Region, Nashik.4.The Chief Executive Officer, Zilla Parishad, Ahilyanagar, Dist. Ahilyanagar.5.The Education Officer (Primary),Zilla Parishad, Ahilyanagar, Dist. Ahilyanagar... Respondents...Mr. Arvind G. Ambetkar, Advocate for the Petitioner.Mr. V. M. Kagne, AGP for Respondent Nos.1 to 3/State.Ms. Sheetal V. Salunke, Advocate for Respondent Nos.4 and 5.... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 11 MARCH 2026[1] 905-wp-12229-2025.odtORDER :.Present petition has been filed for quashing and setting aside thetransfer of the petitioner by order dated 21.08.2025 wherein thepetitioner has been transferred at a place which is more than 78kilometers away from her native place and in difficult area. Thepetitioner also submits that thereafter she had made the representation torespondent No.4 explaining her difficulties and the said representationhas not been yet decided.2.Heard learned Advocate Mr. A. G. Ambetkar for the petitioner, learned AGP Mr. V. M. Kagne for respondent Nos.1 to 3/State and learnedAdvocate Ms. Sheetal V. Salunke for respondent Nos.4 and 5.3.Learned Advocate for the petitioner submits that the petitioner hasbeen transferred mid term, which is against the policy and theGovernment Resolution dated 18.06.2024 and, therefore, the petitioner isaggrieved by the transfer order.4.Learned Advocate for respondent Nos.4 and 5 submits that theprocess for transfers for the upcoming academic year would start and inthat process the petitioner can take part.5.It appears that as a policy in Government Resolution dated[2] 905-wp-12229-2025.odt18.06.2024, it has been stated that the mid term transfers should beavoided. Certainly, respondent No.4 is required to consider theGovernment Resolution and the guidelines issued therein should beimplemented. However, at the same time, there might be certainsituations, which could require even mid term transfers to be made. Therefore, we do not want to go into the merits of the matter. We disposeof the writ petition by directing respondent No.4 to consider therepresentation of the petitioner as well as the fact that if there arevacancies available as per the Government Resolution, then thepetitioner’s name be considered for such transfer and the appropriateaction be taken before 31.05.2026.[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGEscm[3]