Bombay High Court
SANGITA SADASHIV NIKAT AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitioners must apply online for couple‑convenience transfers, and their applications will be considered based on seniority in accordance with the applicable Government Resolutions.
Summary
The petitioners, who have been awaiting a transfer on the ground of couple convenience for four to five years, filed writ petitions alleging that the State had not considered their applications. The State contended that transfers are now governed by a Government Resolution dated 23 May 2023, requiring online applications and seniority-based consideration. The Court held that the petitioners may submit their applications online, and such applications will be processed according to seniority as per the couple‑convenience policy outlined in the resolutions of 23 May 2023, 21 June 2023 and the corrigendum of 12 June 2024. The Court noted that, due to the census, no transfers are being effected for the current academic year. Consequently, the petitioners' cases will be taken up in the next academic year. The writ petitions were therefore disposed of with directions to apply online and await consideration in the subsequent academic year.
Issues considered
- Whether the petitioners are entitled to a transfer on the ground of couple convenience despite the Government Resolution prescribing online application and seniority criteria.
- Whether the Court can direct the State to consider the petitioners' applications in the next academic year.
Subjects
- couple convenience transfer
- seniority
- online application
- government resolution
- academic year
- writ petition
Judgment
2026:BHC-AUG:37794-DB
1 229.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
229 WRIT PETITION NO. 1767 OF 2024
SANGITA SADASHIV NIKAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Arvind Gopalrao Ambetkar
AGP for Respondent/State : Mr. S.R. Wakale
Advocate for Respondent No.3 : Mr. S.S. Tope
Advocate for Respondent No.4 : Mr. V.P. Narwade
…
WRIT PETITION NO. 1772 OF 2024
MUKUND MACHHINDRA NARAWADE AND OTHERS
VS.
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
…
Advocate for the Petitioner : Mr. Arvind Gopalrao Ambetkar
AGP for Respondent/State : Mr. S.R. Wakale
Advocate for Respondent No.4 : Mr. Dheple S.R.
Advocate for Respondent No.5 : Mr. V.P. Narwade
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 18.08.2026
PER COURT :
. The petitioners contend that, since last 4 to 5 years, they are
waiting for transfer on the ground of couple convenience however, the
respondents are not considering the same.
2. The respondents have come out with a case that, the transfers are
now governed as per the Government Resolution dated 23.05.2023 and
2 229.doc
that, as per the said Government Resolution, the petitioners have to
apply online and their applications will be considered according to
seniority.
3. Writ Petitions are, therefore, disposed of by permitting the
petitioners to apply online for couple convenience transfer. The
petitioners’ applications will be considered as per the seniority of their
claims and in terms of the policy of couple convenience transfer
mentioned in the Government Resolutions dated 23.05.2023,
21.06.2023 and the Corrigendum issued by the Government on
12.06.2024.
4. Learned AGP submits that, because of the census, no transfers are
being effected for the current Academic Year.
5. The respondents shall therefore, consider the cases of the
petitioners’ for the next Academic year.
( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )
vsj..
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