Bombay High Court

SUNIL VITTHAL NARSALE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY THE RURAL DEVELOPMENT DEPARTMENT NAD OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

The petition is dismissed as moot because the respondents have assured that the transfers will be effected by the statutory deadline.

Summary

The petitioners, eight primary education officers, filed a writ petition seeking orders for their transfers to non‑tribal areas. The respondents produced a communication from the Education Officer indicating eligibility for transfer but no formal order had been issued. They also submitted a Governor's Ordinance dated 27‑05‑2026 directing that officers engaged in the 2027 census not be transferred between 16‑05‑2026 and 14‑06‑2026, while mandating that all other transfers for 2026 be completed by 30‑06‑2026. The respondents subsequently assured the Court that the pending transfers would be effected by the stipulated deadline. The Court held that, in view of this assurance, the petition no longer raised any live grievance and therefore dismissed it as moot. The civil application, if any, was also disposed of.

Issues considered

What is the effect of the Governor's Ordinance restricting transfers during the census period on the petitioners' claim for transfer?
Whether the petition remains maintainable after the respondents' assurance that transfers will be completed by 30‑06‑2026.

Subjects

Transfer of government officers
Census 2027
Governor's Ordinance
Writ petition
Administrative law
Maharashtra State Service Rules

Judgment

2026:BHC-AUG:23746-DB

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            934 WRIT PETITION NO.5314 OF 2026

                          SUNIL VITTHAL NARSALE AND OTHERS
                                       VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                 Advocate for Petitioners: Mr. Rajendra Deshmukh, Sr.
                 Advocate a/w Adv. Harshal Nandre, Adv. Nilanjan Pande
                 and Mr.Ketan Pote
                 Addl. GP for Respondent/State : Mr. P.S. Patil
                 Advocate for Respondent nos.4 and 5 : Mr. P.V. Tapse
                 Patil
                                                ...


                                      CORAM :         SANDIPKUMAR C. MORE &
                                                      VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :     17.06.2026

                 P.C. :


                 1]       Heard learned counsel for respondent nos.4 and 5.
                 Respondent nos.4 and 5 placed on record the communication
                 dated 15.06.2026 issued by the Education Officer (Primary),
                 Zilla Parishad, Ahilyanagar mentioning that out of all these
                 petitioners, in all eight petitioners, who are at Sr. Nos.1 to 8
                 are eligible for transfer in non-tribal area. However, the
                 written order to that effect is not received to respondent
                 nos.4 and 5, and therefore, transfers are not made.


                 2]       Learned counsel for respondent nos.4 and 5 also
                 annexed the Ordinance dated 27.05.2026 issued by the
                 Governor of Maharashtra, wherein it is mentioned that the
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work of first phase of census of 2027 is being carried out
from 16.05.2026 to 14.06.2026 and the Government of India
has directed all the States and Union Territories for not to
transfer the Officers, who are engaged in the work of census
2027 in the aforesaid period. However, it is also mentioned
that after the first phase is over, the general transfers which
are to be made in the year 2026 has to be carried out on or
before 30.06.2026. As per the said Ordinance the necessary
amendment is also carried out in the concerned Act/Rules.


3]    In view of the same, learned counsel for respondent
nos.4 and 5 makes a statement before this Court that all the
petitioners, who are due for transfers in the year 2026, will
be transferred as per the transfer policy on or before
30.06.2026. In view of the said statement, nothing is
survived in this petition now and it stands disposed of.


4]    Civil application, if any, stands disposed of.



[VAISHALI PATIL-JADHAV]             [SANDIPKUMAR C.MORE]
        JUDGE                              JUDGE
sga

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