SMT. SADHANA ASHOK BARKUNDversusTHE STATE OF MAHARASHTRA THR ITS RURAL DEVELOPMENT AND ORS

2026:BHC-KOL:8314-DB

                                                                      69-WP-15641-2023 (C).doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 15641 OF 2023

               Smt. Sadhana Ashok Barkund                                  ...Petitioner
                         Versus
               The State of Maharashtra and Others                         ...Respondents

                                           ——————
               Mr. Sanjiv Sawant (Through V.C.) a/w Ms. Bhakti Wast, Ms. Ketaki Patil,
               for the Petitioner.
               Mr. Rupesh K. Bobade for Respondent Nos.2 & 3.
               Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State.
                                             ——————
                                              CORAM : SHARMILA U. DESHMUKH &
                                                           NEERAJ P. DHOTE, JJ.

                                                DATE       :   AUGUST 31, 2026.

               P. C. :

               1.        By the present Petition, the Petitioner seeks a direction to the

               Respondents to promote the Petitioner to the post of Kendra Pramukh /

               Head of the Center Primary School and to restrain the Respondents

               from taking any action for filling up the post of Kendra Pramukh.

               2.        The Petitioner was appointed as teacher on 27 th March, 2002, at

               Zilla Parishad, District Solapur, and has completed B.Com, B.Ed, M.A.,

               M.Ed. and SET. On 11th May, 2012, the Petitioner was promoted as a

               Graduate Teacher and at present is working as a Trained Graduate

               Teacher in all subjects at Zilla Parishad Primary School.


               Jamadar-SL                         1 of 5
                                                     69-WP-15641-2023 (C).doc


3.     The Respondents issued promotion process letters in August and

September, 2023, and the Petitioner sent a representation for inclusion

of her name for promotion as Kendra Pramukh, which was not

responded. As the Petitioner's name did not feature in the promotion

list, the present Petition came to be filed.

4.     There is an affidavit-in-reply filed by Respondent Nos. 2 & 3

contending that the Zilla Parishad had prepared a list of eligible

candidates based on subject-wise seniority for promotion to the post of

Kendra Pramukh in accordance with Government Resolution dated 1st

December, 2022, which makes a reference to the Government

Notification dated 10th June, 2014, which is valid and in force. The

seniority list of teachers is based on subject-wise seniority, which is in

consonance with the Government Notification of 10 th June, 2014. As the

Petitioner's graduation subject is Advanced Accounting and Auditing,

the Petitioner is not entitled to promotion to the post of Kendra

Pramukh in the subject wise seniority.

5.     Mr. Sawant, learned counsel appearing for the Petitioner, would

point out that the promotion process letter dated 29 th March, 2023,

refers to B.A. / B.Com. / B.Sc. and B.Ed. with the experience of 3 years as

a trained teacher. He submits that the Petitioner satisfies the

qualification. He would further point out that accordingly, a

representation was made on 1st June, 2023, to the Block Education


Jamadar-SL                        2 of 5
                                                     69-WP-15641-2023 (C).doc


Officer for including her name in the promotion list for the post of

Kendra Pramukh. He submits that by way of an affidavit-in-reply, a

completely different stand is sought to be adopted, claiming that the

seniority list on subject-wise seniority, which is not evident from the

promotion process letter dated 29th March, 2023.

6.     Mr. Bobade, learned counsel appearing for Respondent Nos. 2 & 3,

would submit that the Petitioner had raised a complaint on 12 th June,

2023, wherein she has admitted that the Petitioner is B.Com. with the

subject of Advanced Accounting and Auditing. He would further point

out that the Petitioner claims the subject-wise seniority on the basis

that her graduation is connected with mathematics and therefore she is

eligible. He would submit that the promotion process letter makes it

clear that the promotion is based on subject-wise seniority and the

qualification of Advanced Accounting and Auditing cannot be

considered for the purpose of subject-wise seniority in mathematics.

7.     We have considered the submissions and perused the record.

8.     The promotion process letter dated 29th March, 2023, on which

reliance has been placed by Mr. Sawant, makes a reference to the

Government Resolution dated 1st December, 2022 and, in consonance

thereof, sets out that the seniority list of the primary teachers/subject-

wise teachers and Headmaster will be published and the academic

qualification is mentioned as B.A. / B.Com. / B.Sc. and B.Ed.


Jamadar-SL                       3 of 5
                                                     69-WP-15641-2023 (C).doc


9.     Perusal of paragraph 1 of the promotion process letter would

indicate the applicable academic qualification for different categories

and the mention of B.A. / B.Com. / B.Sc. and B.Ed. is not generalized

academic qualification for all the posts.

10.    In the affidavit-in-reply, it is specifically stated that the

Government Resolution of 1st December, 2022, refers to the

Government Notification of 10th June, 2014, which provides for the

seniority list of teachers based on subject-wise seniority. The promotion

process letter dated 29th March, 2023, is in consonance with the subject-

wise seniority as prescribed in the Government Notification dated 10 th

June, 2014,     and   reflected   in   the Government Resolution          of

1st December, 2022.

11.    It is an admitted position that the Petitioner is a B.Com. graduate

with the subject of Advanced Accounting and Auditing. The graduation

in accounting cannot be considered for subject wise seniority in

mathematics for being promoted to the post of Kendra Pramukh. As the

promotion list has been published by the Respondent No. 3 in

accordance with the prescribed norms as per the Government

Resolution of 1st December, 2022, and the Petitioner does not possess

the prescribed subject-wise qualification, there is no warrant for

interference.

12.    Resultantly, the Petition fails and stands dismissed.


Jamadar-SL                        4 of 5
                                                      69-WP-15641-2023 (C).doc


13.    In the event, in future the Petitioner is eligible for appointment to

the post of Kendra Pramukh, the rejection of the present Petition will

not impede her promotion, if she is otherwise qualified.




 [NEERAJ P. DHOTE, J.]                     [SHARMILA U. DESHMUKH, J.]




Jamadar-SL                        5 of 5