JYOTSNA UMESH BHARDE NEE JYOTSNA HIRA PANDITversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

                                                                                     906-WP-9356-2026.DOC



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 9356 OF 2026

                      Mrs. Jyotsna Umesh Bharda
                      [Ms. Jyotsna Hira Pandit]                                      ...Petitioner
                             Versus
                      The State of Maharashtra & Ors.                                ...Respondents
                                                            _______

                      Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Mr. Vinayak R. Kumbhar,
                      Mr. Rajendra B. Khaire i/b Ms. Ashwini N. Bandiwadekar for Petitioner.

                      Shri N. C. Walimbe, AGP a/w A. R. Deolekar, AGP for Respondent-State.
                      Mr. Rohit Sakhadeo for Respondent Nos. 3 and 4.
                                                            _______
AJIT
RAMESH                                            CORAM:          G. S. KULKARNI &
PATHRIKAR                                                         DR. NEELA GOKHALE, JJ.
Digitally signed by
AJIT RAMESH
PATHRIKAR
Date: 2026.08.25
12:01:30 +0530
                                                  DATE:           19th AUGUST 2026

                      P.C.

                      1.     The Petitioner seeks to quash and set aside the order dated 25 th May 2026

                      issued by the Respondent No. 3, Panvel Municipal Corporation (for short ‘PMC’)

                      and direct the Respondents to continue the services of the Petitioner as an Assistant

                      Teacher in the Marathi Medium Primary School run by the PMC.


                      2.     The Petitioner holds a Bachelor’s degree (BA) in Gujarati and Hindi, and a

                      Diploma in Education (D.Ed.). She was appointed as a Shikshan Sevak and was

                      appointed to teach at the Board’s School No. 9 (Gujarati). PMC runs several

                      primary schools and offers instruction in various media, including Marathi, Hindi,

                      Gujarati, Urdu, etc. The other parties to the writ petition are Respondent No. 2,



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Director of Education of Respondent No.1-State of Maharashtra. Respondents

Nos. 4 and 5 are the Administrative and Education Officers of the Corporation

and the Zilla Parishad, respectively.


3.     In brief, the facts of the case are that, by order dated 15 th June 2007, the

Petitioner was appointed as Shikshan Sevak in School No. 9 of the Corporation,

which disseminates education in the Gujarati medium. She completed three years

of service, after which, by order dated 24 th August 2010, she was appointed as a

primary school teacher in the said school. Due to a reduction in the number of

Gujarati medium students, she was rendered surplus in that school. Accordingly,

she was absorbed as a primary teacher in the Marathi medium school, namely the

‘Kanya Shala’, with effect from 1 st February 2013. She joined the said post on the

same date.


4.     Following the enactment of the Right of Children to Free and Compulsory

Education Act, 2009 (RTE Act), the primary schools run by the Municipal

Council School Board were brought under the jurisdiction of the PMC. The

Petitioner was then transferred to Municipal School No. 4, by an order dated 28 th

September 2019. This school also imparted education in Marathi. As per the

“Sanch Manyata” for the year 2025-26, there was a vacancy for a teacher in the

Gujarati Medium School of the Corporation. Accordingly, the Petitioner was

transferred back to the Gujarati Medium School by order dated 25 th May 2026.

Aggrieved by this order, the Petitioner has filed the present petition seeking the

relief as prayed for.



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5.     Mr Narendra Bandiwadekar, the learned Senior Advocate, appears for the

Petitioner and Mr N. C. Walimbe, the learned AGP, represented the State.


6.     Mr Bandiwadekar submitted that Respondent No. 3 failed to consider that

the Petitioner was absorbed into the Marathi Medium Primary School in 2018. She

has worked without any break and has not been retransferred to the Gujarati

Medium School within three years, as contemplated by G.R. dated 4th October

2017, which was specifically referred to in the Petitioner’s transfer order. Mr

Bandiwadekar further contended that a valuable right has accrued in the

Petitioner’s favour, which cannot be withdrawn by the impugned order. The

Petitioner has never applied for repatriation; hence, her repatriation is arbitrary and

misconceived. Mr Bandiwadekar contended that neither was a post created nor was

a post rendered vacant within a period of three years from the date of absorption in

the Marathi Medium school. Thus, as per Mr Bandiwadekar, the Petitioner has

become permanent on the Marathi Medium school post. He further submitted that

the impugned order is mala fide and against the law, equity and justice. Mr

Bandiwadekar, thus, prays that the petition be allowed and the impugned order be

quashed and set aside.


7.     Mr Walimbe drew our attention to the affidavit in reply filed on behalf of

the Education Officer of the Panvel Municipal Corporation. It is submitted that

the original order transferring the Petitioner to the Marathi medium school clearly

indicates that the transfer was temporary and that, as soon as a vacancy arose in the

Gujarati medium school, she would be transferred to that school. He submits that



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no prejudice is being caused to the Petitioner, as both schools are run by the

PMC /Municipal Corporation and the distance between them is merely 3 Kms. On

the merits, he submits that the “Sanch Manyata” for the Marathi medium school

shows that there exists a surplus in that medium, whereas there is a vacant post in

the Gujarati medium school. Thus, the Corporation is justified in repatriating the

Petitioner to the Gujarati medium school. He submitted that the actions of the

Respondents are in consonance with the relevant Rules and Government orders in

that regard. Thus, Mr Walimbe urged the Court to dismiss the petition.


8.     We have heard the learned Counsel representing the respective parties and

have perused the record with their assistance.


9.     The Petitioner’s appointment letter dated 29.05.2007 shows that she was

appointed as a Shikshan Sevak in the Corporation’s School imparting education in

the Gujarati medium. By order dated 24th August 2010, she was appointed as a

primary school teacher. By letter dated 31st January 2013, she was transferred from

the Gujarati medium school to a Marathi medium school, namely ‘Kanya Shala’.

The letter clearly stated that this was necessary as there were surplus teachers in the

Gujarati medium. The letter dated 15th December 2018 had ordered the

Petitioner’s temporary repatriation to the Gujarati medium school. Further by

letter dated 20th September 2019 directed the Petitioner’s transfer to the Marathi

medium school, stating that it was on account of the reorganisation of the staff

structure, which created a vacancy in the Marathi medium school, and accordingly

the Petitioner was transferred to the Marathi medium. The letter itself indicates



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that the transfer was temporary due to a vacancy. Now that there is a vacancy in the

Gujarati medium school and a surplus of teachers in the Marathi medium school,

the Respondents are well within their rights to repatriate the Petitioner to the

Gujarati medium school, since both schools are run by the same Corporation.


10.       Our attention is drawn to the Government order dated 4 th October 2017,

concerning the present issue. Sub-clause (vi) of Clause 2 reads thus:

(Official Translation of Point No. vi, typewritten in Marathi)


       “(vi) If a post is created on the parent Establishment subsequent to the absorption, such
       teachers shall be re-appointed to the parent Establishment. Provided that, if no such
       post is created within a period of 3 years from the date of absorption, the terms and
       conditions of service of the establishment where the teacher has been absorbed shall
       apply to such teachers and the Government shall notify an independent policy in this
       regard, if deemed necessary. (For example: In the event of absorption from a private
       school to a Zilla Parishad, the terms and conditions of service of the Zilla Parishad shall
       apply upon completion of 3 years; similarly, in the event of absorption from a Zilla
       Parishad to private schools, the provisions of the Maharashtra Employees of Private
       Schools (Conditions of Service) Rules, 1981 shall apply upon completion of 3 years.)"


11.       Mr Bandiwadekar has interpreted this clause to mean that, if no post is

vacant in the original medium for a period of three years, the transferred teacher

will acquire the status of a permanent teacher in the transferred medium school.

We do not agree, as in our opinion the clause merely provides that if no post is

vacant in the transferee school for a period of three years from the date of transfer,

the terms and conditions applicable to the transferee post shall continue to apply to

the transferred teacher. The clause further vests a right in the department to make

additional rules in that regard. Further, this clause applies to the repatriation of a

teacher from a Zilla Parishad school to a private school. Admittedly, the Petitioner’s



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transfer is from a Marathi medium school to the Gujarati medium school under the

PMC. Resultantly, we find no substance in Mr Bandiwadekar’s submissions. We do

not find that there is anything arbitrary in the PMC issuing the impugned order

considering the exigencies of the service. In any case, it is not the Petitioner’s case

that her services are not transferrable. The Writ Petition is accordingly dismissed.

No costs.




(DR. NEELA GOKHALE, J)                                   (G. S. KULKARNI, J.)




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