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. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 19th AUGUST 2026 P.C. 1. The Petitioner seeks to quash and set aside the order dated 25th 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, Ajit AJIT RAMESH PATHRIKAR Digitally signed by AJIT RAMESH PATHRIKAR Date: 2026.08.25 12:01:30 +0530 906-WP-9356-2026.DOC 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 15th 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 24th 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 1st 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 28th 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 25th May 2026. Aggrieved by this order, the Petitioner has filed the present petition seeking the relief as prayed for. Page 2 of 6 Ajit 906-WP-9356-2026.DOC 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 Ajit 906-WP-9356-2026.DOC 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 Ajit 906-WP-9356-2026.DOC 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 4th 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 Ajit 906-WP-9356-2026.DOC 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.) Ajit