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Bombay High Court

SANTOSH BHAGWAN WAYKARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is disposed with directions that the Zilla Parishad consider the petitioner’s prior service for transfer under the 2024 Transfer Policy.

Summary

The petitioner, a teacher, sought transfer on the ground that he has been serving in a difficult, hilly area since 2022, citing certificates from the Forest Department and Public Works Department indicating the presence of wild animals and a distance of more than 10 km from the nearest highway. The respondents contested these facts, relying on a later certificate stating the school is within 10 km of a different highway. The court noted that the petitioner’s earlier transfer was governed by a 2021 Government Resolution which established a Committee to consider transfer applications. It held that the petitioner may file a fresh application before the same Committee, which should decide his case in accordance with the newer Transfer Policy introduced on 18 June 2024. Accordingly, the court directed the Zilla Parishad, Ahmednagar to consider the petitioner’s prior service for transfer under the 2024 policy and disposed of the writ petition.

Issues considered

  • Whether the petitioner is entitled to a transfer under the Transfer Policy dated 18/06/2024 based on service in a difficult/hilly area.
  • Whether the distance of the petitioner’s school from the nearest highway satisfies the criteria for difficult area as per the certificates.
  • Whether the Committee constituted under the 2021 Government Resolution can reconsider the petitioner’s transfer application under the new policy.

Subjects

  • teacher transfer
  • difficult area
  • transfer policy
  • Zilla Parishad
  • distance from highway
  • committee
  • service certificate

Judgment

2026:BHC-AUG:10342-DB


                                                  1                     12-WP-7536-22.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 7536 OF 2022

                                   SANTOSH BHAGWAN WAYKAR
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                             OTHERS
                                                ...
              Mr. Arvind G. Ambetkar, Advocate for the Petitioner
              Mr. P. K. Lakhotiya, AGP for Respondents/State
              Mr. A. D. Aghav, Advocate for Respondent Nos.4 And 5
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              VAISHALI PATIL JADHAV, JJ.
                                       DATE : 04th MARCH, 2026

              PER COURT :

              1.             This petition can be disposed of by directing respondent

              Nos.4 and 5 Zilla Parishad, Ahmednagar to consider previous service

              of the petitioner from 05/02/2020 in hilly area for transfer, pursuant

              to the Transfer Policy introduced on 18/06/2024.


              2.             Petitioner claims that he has been working in the

              di8cult area since his transfer in the year 2022. Respondents are

              disputing the same. Petitioner has placed on record certi9cate of the

              Forest Department, Ahmednagar stating that at the village where

              petitioner is working, there are various wild animals like leopard,

              wolf, hyena and wild boar. He has also relied upon the certi9cate

              issued    by    the   Assistant   Engineer   (Grade-1),     Public    Works

              Department, Taluka Karjat, District Ahmednagar in which it is stated




              SVH
                                    2                   12-WP-7536-22.odt


that the School where petitioner is working is at a distance of more

than 10 Kms from National Highway No.516-A.


3.          Respondents      have       relied   on   certi9cate     dated

03/05/2025, wherein it is stated that the School of the petitioner is

within 10 Kms distance from National Highway No.548-D.


4.          When earlier the petitioner was transferred, he was

governed by the policy mentioned in the Government Resolution

dated 07/04/2021. As per the said Government Resolution, a

Committee is constituted to consider the cases of teachers, due for

transfer. The petitioner has already approached the Committee.


5.          The petitioner may apply afresh to the said Committee

and the Committee shall decide the representation / application of

petitioner for transfer as per the transfer policy dated 18/06/2024.

With these directions, the writ petition is disposed of.



(VAISHALI PATIL JADHAV, J.)              (NITIN B. SURYAWANSHI, J.)




SVH


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