69-WP-15641-2023 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15641 OF 2023 Smt. Sadhana Ashok Barkund ...Petitioner Versus The State of Maharashtra and Others ...Respondents —————— Mr. Sanjiv Sawant (Through V.C.) a/w Ms. Bhakti Wast, Ms. Ketaki Patil, for the Petitioner. Mr. Rupesh K. Bobade for Respondent Nos.2 & 3. Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State. —————— CORAM : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. DATE : AUGUST 31, 2026. P. C. : 1. By the present Petition, the Petitioner seeks a direction to the Respondents to promote the Petitioner to the post of Kendra Pramukh / Head of the Center Primary School and to restrain the Respondents from taking any action for filling up the post of Kendra Pramukh. 2. The Petitioner was appointed as teacher on 27th March, 2002, at Zilla Parishad, District Solapur, and has completed B.Com, B.Ed, M.A., M.Ed. and SET. On 11th May, 2012, the Petitioner was promoted as a Graduate Teacher and at present is working as a Trained Graduate Teacher in all subjects at Zilla Parishad Primary School. Jamadar-SL 1 of 5 2026:BHC-KOL:8314-DB 69-WP-15641-2023 (C).doc 3. The Respondents issued promotion process letters in August and September, 2023, and the Petitioner sent a representation for inclusion of her name for promotion as Kendra Pramukh, which was not responded. As the Petitioner's name did not feature in the promotion list, the present Petition came to be filed. 4. There is an affidavit-in-reply filed by Respondent Nos. 2 & 3 contending that the Zilla Parishad had prepared a list of eligible candidates based on subject-wise seniority for promotion to the post of Kendra Pramukh in accordance with Government Resolution dated 1st December, 2022, which makes a reference to the Government Notification dated 10th June, 2014, which is valid and in force. The seniority list of teachers is based on subject-wise seniority, which is in consonance with the Government Notification of 10th June, 2014. As the Petitioner's graduation subject is Advanced Accounting and Auditing, the Petitioner is not entitled to promotion to the post of Kendra Pramukh in the subject wise seniority. 5. Mr. Sawant, learned counsel appearing for the Petitioner, would point out that the promotion process letter dated 29th March, 2023, refers to B.A. / B.Com. / B.Sc. and B.Ed. with the experience of 3 years as a trained teacher. He submits that the Petitioner satisfies the qualification. He would further point out that accordingly, a representation was made on 1st June, 2023, to the Block Education Jamadar-SL 2 of 5 69-WP-15641-2023 (C).doc Officer for including her name in the promotion list for the post of Kendra Pramukh. He submits that by way of an affidavit-in-reply, a completely different stand is sought to be adopted, claiming that the seniority list on subject-wise seniority, which is not evident from the promotion process letter dated 29th March, 2023. 6. Mr. Bobade, learned counsel appearing for Respondent Nos. 2 & 3, would submit that the Petitioner had raised a complaint on 12th June, 2023, wherein she has admitted that the Petitioner is B.Com. with the subject of Advanced Accounting and Auditing. He would further point out that the Petitioner claims the subject-wise seniority on the basis that her graduation is connected with mathematics and therefore she is eligible. He would submit that the promotion process letter makes it clear that the promotion is based on subject-wise seniority and the qualification of Advanced Accounting and Auditing cannot be considered for the purpose of subject-wise seniority in mathematics. 7. We have considered the submissions and perused the record. 8. The promotion process letter dated 29th March, 2023, on which reliance has been placed by Mr. Sawant, makes a reference to the Government Resolution dated 1st December, 2022 and, in consonance thereof, sets out that the seniority list of the primary teachers/subject- wise teachers and Headmaster will be published and the academic qualification is mentioned as B.A. / B.Com. / B.Sc. and B.Ed. Jamadar-SL 3 of 5 69-WP-15641-2023 (C).doc 9. Perusal of paragraph 1 of the promotion process letter would indicate the applicable academic qualification for different categories and the mention of B.A. / B.Com. / B.Sc. and B.Ed. is not generalized academic qualification for all the posts. 10. In the affidavit-in-reply, it is specifically stated that the Government Resolution of 1st December, 2022, refers to the Government Notification of 10th June, 2014, which provides for the seniority list of teachers based on subject-wise seniority. The promotion process letter dated 29th March, 2023, is in consonance with the subject- wise seniority as prescribed in the Government Notification dated 10th June, 2014, and reflected in the Government Resolution of 1st December, 2022. 11. It is an admitted position that the Petitioner is a B.Com. graduate with the subject of Advanced Accounting and Auditing. The graduation in accounting cannot be considered for subject wise seniority in mathematics for being promoted to the post of Kendra Pramukh. As the promotion list has been published by the Respondent No. 3 in accordance with the prescribed norms as per the Government Resolution of 1st December, 2022, and the Petitioner does not possess the prescribed subject-wise qualification, there is no warrant for interference. 12. Resultantly, the Petition fails and stands dismissed. Jamadar-SL 4 of 5 69-WP-15641-2023 (C).doc 13. In the event, in future the Petitioner is eligible for appointment to the post of Kendra Pramukh, the rejection of the present Petition will not impede her promotion, if she is otherwise qualified. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Jamadar-SL 5 of 5