Poonam Arjun Pathade vs Zilla Parishad , Nashik Thr… — Writ and Judicial Review | Bombay HC (2026)

Poonam Arjun Pathade vs Zilla Parishad , Nashik Thr… — Writ and Judicial Review | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether this Court can issue a Writ of Mandamus under Article 226 of the Constitution of India to direct the Petitioner's transfer to a place close by, given that she is not covered by the transfer policy G.R. dated 18th June, 2024 and her transfer occurred through the Teacher Transfer Management System.

Court's answer

This Court cannot issue a Writ of Mandamus under Article 226 of the Constitution of India directing transfer of the Petitioner to another place close by, because she is not covered by the G.R. dated 18th June, 2024, having become eligible for transfer only after more than 14 years at one place through the Teacher Transfer Management System, under which there is no human interference or indulgence in transferring any candidate.

Key takeaways

Without expressing any opinion on the Petitioner's request for transfer, the Court observes that if the Zilla Parishad frames a policy for accommodating candidates such as the Petitioner, and it is feasible and does not interfere with the Teacher Transfer Management System, the Zilla Parishad may deal with her case.obiter¶¶8
Rejection of the Petitioner's request for transfer will not give rise to a fresh cause of action to challenge such rejection.obiter¶¶8

Detailed headnote1 paragraphs

Bombay High Court (Division Bench: RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.; decision dated 10th March, 2026) dismisses a writ petition by a primary school teacher seeking transfer to a place close to Nashik. The Petitioner, serving 15 years as a Primary School Teacher at Gonde, Taluka-Sinnar, was transferred for the first time in 15 years by order dated 21st August, 2025 under the Teacher Transfer Management System (software developed for the Government of Maharashtra through the Rural Development Department) to Zilla Parishad Primary School, Asarkhede, Taluka-Chandwad, around 70 k.m. from Nashik. Held (ratio): the Court cannot issue a Writ of Mandamus under Article 226 of the Constitution of India to effect such a transfer, the Petitioner not being covered by the transfer policy G.R. dated 18th June, 2024, and the Couple Convenience Clause 1.9.6 not assisting her as her husband is neither a Zilla Parishad nor a State Government employee; with the introduction of the TTMS there is no human interference or indulgence in transfers. Obiter: without expressing any opinion on her transfer request, if the Zilla Parishad comes out with an accommodation policy that is feasible and does not interfere with the TTMS, it may deal with her case; however, rejection of her request will not give rise to a fresh cause of action.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.950 OF 2026

Poonam Arjun Pathade ….Petitioner Versus

Zilla Parishad, Nashik through Chief Executive Officer & Ors. ….Respondents

Mr. Anilkumar Patil i/b. Mr. Digvijay Patil, for the Petitioner.

Mr. Ashwin Kapadnis, for Respondent Nos.1 to 5.

Mr. P. P. Kakade, Addl. G.P. a/w. Ms. Pooja Joshi Deshpande, for Respondent No.6.

CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 10^th MARCH, 2026

P.C. :

The Petitioner joined employment as an Assistant

Teacher in 2011 and for 15 years, she has been a Primary School Teacher at Gonde, Taluka-Sinnar, District- Nashik. Her husband is in private employment with an industry in Nashik. Her two daughters reside with her husband. The paternal grandparents of the daughters are also residing in the same house at Nashik.

After 15 years, under the Teacher Transfer Management

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System, which is a software developed for the Government of Maharashtra through the Rural Development Department, the Petitioner was called upon to give 30 options. By order dated 21^st August, 2025, she was transferred for the first time in 15 years, to the Zilla Parishad Primary School at Asarkhede, Taluka-Chandwad, which is around 70 k.m. from Nashik. Gonde to Nashik via Sinnar is around 45 k.m..

The Petitioner is not covered by any of the clauses of the transfer policy Government Resolution (“ G.R. ”) dated 18^th June, 2024. So also, since the Petitioner’s husband is neither a Zilla Parishad employee nor employee of the State Government, the Couple Convenience Clause 1.9.6 also does not assist her. She travels 70 k.m. from Nashik to reach the school, after she is transferred for the first time in 15 years.

It is contended that in 2011, the Petitioner had a health

issue with regard to an enlarged right ovary. The Medical Report dated 28^th December, 2011 indicates that rest of the parameters were normal. Subsequently, she has undergone removal of one ovary. The daughters were born thereafter.

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Learned Advocate Shri Kapadnis is on the panel of the Nashik Zilla Parishad. We requested him to assist the Court. On our request he has appeared in the matter.

In view of the above, this Court cannot issue a Writ of Mandamus under Article 226 of the Constitution of India to transfer the Petitioner to another place which is close by, keeping in view that she is not covered by the G.R. dated 18^th June, 2024, in as much as, she became eligible to be transferred after more than 14 years of her employment at one place through the Teacher Transfer Management System. With the introduction of the said system, there is no human interference or indulgence in transferring any candidate.

7. As such, this Petition is dismissed .

Since the Petitioner has prayed for sympathy, without expressing an opinion with regard to her request for transfer, if the Zilla Parishad comes out with a policy for accommodating such candidates, if it is feasible and if it does not interfere in the Teacher Transfer Management System, the Zilla Parishad may deal with the

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case of the Petitioner. However, the rejection of her request will not give rise to a fresh cause of action to challenge such rejection.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)

Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2026.03.12 09:58:22 +0530

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