Bombay High Court

MUKUND MACHHINDRA NARAWADE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petitioners may apply online for couple‑convenience transfer and their applications will be considered in accordance with the seniority provisions of the Government Resolution and its amendments.

Summary

The petitioners, who have been awaiting a couple‑convenience transfer for four to five years, filed writ petitions alleging that the State was ignoring their requests. The State contended that transfers are now governed by a Government Resolution dated 23 May 2023, requiring online applications and processing based on seniority. The Court held that the petitioners may submit their applications online and that the applications will be considered according to the seniority criteria laid down in the Resolution and its subsequent amendments dated 21 June 2023 and 12 June 2024. The Court noted that, due to the census, no transfers could be effected for the current academic year and directed that the petitioners’ cases be taken up in the next academic year. Accordingly, the writ petitions were disposed of with the direction to follow the online application procedure.

Issues considered

Whether the petitioners are entitled to a couple‑convenience transfer despite the Government Resolution prescribing online application and seniority‑based consideration.
Whether the Court can direct the respondents to consider the petitioners’ transfer applications in the next academic year.

Subjects

couple convenience transfer
government resolution
online application
seniority
public service transfers
writ petition

Judgment

2026:BHC-AUG:37795-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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