BALASAHEB VENKATI DOKE AND OTHERSversusThe State of Maharashtra

2026:BHC-AUG:23647
                                                -1-
                                                                 WP-392-2026

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO.392 OF 2026
                                          WITH
                             CONTEMPT PETITION NO. 131 OF 2026
                                            IN
                                      WP/392/2026

              1.     Balasaheb Venkati Doke,
                     Age : 50 Years, Occupation : Service,
                     R/o: Z.P.P.S., Varkhed, Tq. Nanded,
                     Dist. Nanded

              2.     Shrihari Digambar Munde,
                     Age : 49 Years, Occupation : Service,
                     R/o: Z.P.P.S., Anandwadi Gokunda,
                     Tq. Kinwat, Dist. Nanded

              3.     Sudhakar Manikreddy Dharmaji
                     Age : 50 Years, Occupation : Service,
                     R/o : Z.P.P.S., Rudrapur, Tq. Biloli,
                     Dist. Nanded

              4.     Fahimullah Sanaullah Khan,
                     Age : 48 Years, Occupation : Service,
                     R/o : Z.P.H.S., Kinwat, Tq. Kinwat,
                     Dist. Nanded

              5.     Ashok Gulabsingh Chavan,
                     Age : 50 Years, Occupation : Service,
                     R/o: Z.P.P.S., Bhojani Talav, Tq. Mahur,
                     Dist. Nanded

              6.     Smt. Jyoti Angadrao Alkatwar
                     Age : 52 Years, Occupation: Service,
                     R/o: Z.P.P.S., Navi Aabadi, Hadgaon,
                     Tq. Hadgaon, Dist. Nanded

              7.     Sanjay Chapatrao Yerme
                     Age : 49 Years, Occupation : Service,
                     R/o: Z.P.P.S., Zendapuri, Tq. Kinwat,
                     Dist. Nanded

              8.     Gangaram Prabhanna Sabnedwar
                                 -2-
                                                       WP-392-2026

      Age : 51 Years, Occupation : Service,
      R/o: Z.P.P.S., Waghala, Tq. Umari,
      Dist. Nanded

9.    Nagesh Madhavrao Awarde
      Age : 54 Years, Occupation: Service,
      R/o : Z.P.P.S., Umari, Tq. Ardhapur,
      Dist. Nanded.

10.   Suresh Pandhari Munneshwari
      Age : 54 Years, Occupation : Service,
      R/o: Z.P.P.S., Bhilanaik Tanda,
      Tq. Kinwat, Dist. Nanded.                   … Petitioners

           VERSUS

1.    State of Maharashtra
      Through Principal Secretary,
      Rural Development Department,
      Mantralaya, Mumbai – 32.

2.    Divisional Commissioner,
      Chh. Sambhajinagar Division (Revenue),
      Chh. Sambhajinagar.

3.    Chief Executive Officer,
      Zilla Parishad, Nanded,
      Dist. Nanded.                               … Respondents

                                ...…
Mr. Mahesh Deshmukh h/f. Mr. U. B. Gite, Advocate for Petitioners.
Mr. S. P. Joshi, AGP for Respondent Nos.1 and 2.
Mr. S. B. Pulkundwar, Advocate for Respondent No.3.
                                ...…

                            CORAM : S. G. CHAPALGAONKAR, J.
                            DATED : 17th JUNE 2026

JUDGMENT :


1.         The petitioners impugn order dated 01.01.2026 passed

by Chief Executive Officer, Zilla Parishad, Nanded, whereby,
                                  -3-
                                                            WP-392-2026

referring to provisions of the Maharashtra Zilla Parishad District

Services (Discipline and Appeal) Rules, 1964, the benefit extended

in favour of petitioners owing to their inclusion in Special Category

Teachers, Cadre-I has been withdrawn and they are transferred to

the respective places specified in impugned order.



2.          The petitioners are teachers working in different

schools run by Zilla Parishad, Nanded. On 18.06.2024, the Rural

Development      Department    issued    a   Government     Resolution

regarding transfer of Zilla Parishad teachers, formulating a policy.

It provides for categorization of teachers. A special category Cadre-

I of teachers has been formulated as per Clause No. 1.8.3, who

underwent “Heart Surgery”. Clause No. 4.2.2 provides that

teachers from Category Cadre-I can be transferred only on their

request. Such teachers are required to submit self declaration in

prescribed form along with requisite certificate issued by the

competent authority to classify themselves as Special Category

Teachers, Cadre-I.



3.          In   February     2025,     applications    together   with

certificates of concerned teachers for their inclusion in Special

Category Teachers, Cadre-I were called. The petitioners submitted

their   applications   and   declarations,   together    with   medical
                                -4-
                                                         WP-392-2026

certificates stating that they had undergone heart surgery, and

sought   inclusion   in   Special     Category   Teachers,   Cadre-I.

Accordingly, the process of transfers of 2025 was completed by the

Zilla Parishad. However, on 08.08.2025, the Government issued a

circular addressed to Chief Executive Officers of Zilla Parishads

explaining that only teachers, who have undergone Bypass

surgery, Open Heart surgery or Implant surgery, are entitled to be

categorized as Special Category Teachers, Cadre-I, and those

teachers, who underwent Angioplasty are not entitled for inclusion

in said category.



4.         In light of aforesaid communication, the verification of

teachers categorized as Cadre-I was undertaken. The concerned

teachers were called upon for verification of their documents,

including medical certificates. On 04.11.2025, the Chief Executive

Officer issued show-cause notices to petitioners and similarly

situated teachers, to show cause as to why action should not be

taken against them for giving misleading information regarding

their heart surgery, as they went undergone Angioplasty, but

declared themselves as having undergone heart surgery.



5.         The petitioners submitted their replies justifying their

declarations. However, without considering their justification,
                                  -5-
                                                         WP-392-2026

impugned order is passed, whereby petitioners are transferred to

their respective places by withdrawing the benefit given to them

treating as Special Category Teachers, Cadre-I.



6.         Mr. Mahesh Deshmukh, learned Advocate appearing

for petitioners would submit that Respondent No. 3 - Chief

Executive Officer has no authority to pass impugned order in terms

of the Maharashtra Zilla Parishad District Services (Discipline and

Appeal)   Rules,   1964.    The    Government     Resolution   dated

18.06.2024 provides the benefit to Cadre-I teachers, who have

undergone heart surgery. The clarificatory letter dated 08.08.2025

excluding Angioplasty from the term "heart surgery" is without

justification or jurisdiction and cannot form the basis to call an

explanations from the teachers or to take further action against

them. Even otherwise, the transfer process, which was concluded

before the date of issuance of clarificatory circular dated

08.08.2025, could not have been disturbed, and could have been

given prospective effect. The petitioners were already exempted

from transfer in concluded transfer process of 2025. Therefore, the

action against them is arbitrary and illegal.



7.         Per contra, Mr. S.B. Pulkundwar, learned Advocate

appearing for Respondent No. 3, raised preliminary objection for
                                -6-
                                                         WP-392-2026

entertaining present Writ Petition on the ground that petitioners

have an alternate and efficacious remedy in terms of Government

Resolution dated 18.06.2024, particularly referring Clauses No.

5.10.1, 5.10.2, 5.10.3 and 5.10.4. He would further submit that

petitioners had submitted misleading information posing that they

have undergone heart surgery and obtained exemption from

transfer in terms of Government policy under Clause Nos. 4.2.2

and 4.2.8. According to Mr. Pulkundwar, action under impugned

order is not punishment under the Maharashtra Zilla Parishad

District Services (Discipline and Appeal Rules), 1964, but only a

corrective step taken on verification of classification of teachers.

Relying upon the observations of this Court in case of Maharashtra

Rajya Shikshak Parishad Prathamik Vibhag v. The State of

Maharashtra in Writ Petition No.11788 of 2025, decided on

23.09.2025, he submits that petitioners may avail the remedy

provided under Clauses 5.10.2 and 5.10.3 before the Divisional

Commissioner. He would further submit that transfer is the

prerogative of authorities concerned. Unless it is shown that the

transfer is vitiated by mala fides or contrary to statutory

provisions, or passed by an incompetent authority, judicial review

in writ jurisdiction would not be warranted.



8.         Having considered submissions advanced by learned
                                       -7-
                                                                  WP-392-2026

Advocates appearing for respective parties and on perusal of

material tendered into service, it can be observed that on

18.06.2024, Respondent No.1 - The State of Maharashtra, through

its Rural Development Department, came out with a refined policy

for   transfers   of   Zilla   Parishad        teachers.   It   provides    for

classification of teachers. A special class of teachers has been

created to secure the interests of physically impaired teachers, and

they are granted exemption from regular mode of transfer. Clause

No. 1.8.3 includes teachers who have undergone heart surgery in

Special Category Teachers, Cadre-I. Clause No. 4.2 deals with

provisions applicable to Special Category Teachers, Cadre-I . Clause

4.2.2 stipulates that, Cadre-I teachers can be transferred only upon

their request. If their names are included in the list of teachers

liable for regular transfer, they are required to submit a self-

declaration in Form No.3 along with a medical certificate issued by

the competent authority.



9.          In    present      case,         petitioners   submitted       such

declarations along with medical certificates which shows that they

had undergone Angioplasty. Eventually, they were exempted from

regular transfer considering them as Cadre-I teachers during the

process of transfer of 2025.
                                 -8-
                                                           WP-392-2026

10.        It appears that the Deputy Secretary of Respondent

No.1 issued a communication dated 08.08.2025 explaining the

term "Heart surgery" as Bypass surgery, Open heart surgery or

Implant surgery only. It clarifies that the “Angioplasty” would not

be considered as heart surgery for the purpose of benefit under

Clause 1.8 of the Government Resolution dated 18.06.2024.



11.        Pursuant to aforesaid communication, re-verification of

teachers included in Cadre-I was undertaken. Since petitioners

were not compliant with definition of "heart surgery", they were

issued show-cause notices, consequently, they were removed from

Category-I and subjected to general transfers by giving postings at

places mentioned in impugned order.



12.        The     Government          policy   promulgated    under

Government Resolution dated 18.06.2024 takes into account

various factors while effecting transfers of teachers. A special class

of teachers, who have suffered serious ailments has been created,

and care is taken that they are not subjected to regular transfers

so that they shall not suffer discomfort owing to their physical

conditions. The list of ailments is stipulated in Clause No. 1.8 to

1.8.8. Apparently, teachers, who are suffering from serious

ailments like cancer, brain diseases, thalassemia, paralysis, kidney
                                  -9-
                                                        WP-392-2026

diseases, and heart diseases are given special benefit. Clause No.

1.8.3 specifically deals with teachers, who have undergone heart

surgery.



13.        The surgical process, in a broad sense, usually means

cutting open the body with a scalpel under general anaesthesia.

The angioplasty is procedure which can be done through a small

puncture in the groin or wrist using a catheter, without any large

cut or stitches. It does not require opening of body cavities and

medically known as percutaneous coronary interventions and not

cardiothoracic surgery.



14.        Therefore,     the   communication   dated   08.08.2025

clarifies that angioplasty cannot be equated with heart surgery for

granting the benefit available to Cadre-I teachers under the

Government Resolution dated 18.06.2024. In present case,

undisputedly, the petitioners have undergone the procedure of

angioplasty. They cannot be equated with teachers who have

undergone Bypass surgery, Open-heart surgery, or Implant

surgery, who are proposed to be differently benefited by including

them in Special Category Teachers, Cadre-I.



15.        It is true that, in the present case, the petitioners
                                  -10-
                                                          WP-392-2026

knowingly or unknowingly declared themselves as Special

Category Teachers, Cadre-I, assuming that they had undergone

heart surgery. Owing to their declaration, they were exempted

from transfers. In light of clarification given by the Government in

defining term heart surgery, the petitioners are not entitled to be

classified as Special Category Teachers, Cadre-I. They were rightly

issued   show-cause     notices     before   withdrawal   of   their

categorization. Consequently, impugned order is passed treating

them as teachers liable for regular transfer.



16.        Although Mr. Mahesh Deshmukh, learned Advocate

appearing for the petitioners, endeavours to contend that the

petitioners are subjected to action under the Maharashtra Zilla

Parishad District Services Discipline and Appeal Rules, 1964, his

contention is not acceptable, as impugned order is not in the nature

of disciplinary action, but simply withdraws the benefit of Special

Category Teachers, Cadre-I bestowed upon petitioners and subjects

them to transfer.



17.        It is true that impugned order reserves the action

contemplated under Rule 4 of the Maharashtra Zilla Parishad

District Services Discipline and Appeal Rules, 1964 as the

petitioners have wrongly taken the benefit of scheme by declaring
                                   -11-
                                                            WP-392-2026

themselves as Special Category Teachers, Cadre-I. However, in no

case the impugned order can be termed as disciplinary action.

Apparently, it is a corrective step taken on re-verification of the

petitioners' categorization in the special class of teachers under

Cadre-I.



18.        This Court finds that the petitioners were wrongly

categorized on the basis of their declarations inconsistent with

Government     policy.   The     administrative   action   to   correct

categorization by withdrawing the benefit bestowed upon the

petitioners by Chief Executive Officer is perfectly within the

parameters of his jurisdiction.



19.        In result, no case is made out to cause interference in

impugned order in exercise of writ jurisdiction of this Court, the

Writ Petition stands rejected.



20.        In view of rejection of Writ Petition itself, Contempt

Petition No. 131 of 2026 does not survive and is accordingly

disposed of.

                                          (S. G. CHAPALGAONKAR, J.)



Tandale