The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.

JUDGMENT :

SHREE CHANDRASHEKHAR, CJ.

1. This batch of writ petitions, interim applications and contempt petition were listed for hearing on different dates. Mr. S. S. Pakale, Mr. N. V. Bandiwadekar, Mr. Sanjeev P. Kadam and Mr. Girish Godbole, the learned senior counsels made elaborate arguments and their submissions have been recorded by the Court in the order-sheets drawn between 30^th July 2025 to 14^th August 2025. The learned counsels appearing in the writ petitions vide Writ Petition No.8239 of 2025 (filed by twelve primary teachers); Writ Petition No.8753 of 2024 (filed by the Maharashtra Rajya Prathamik Shikshak Sangh with three Headmasters); Writ Petition No.9977 of 2025 (filed by nineteen primary teachers); Writ Petition No.10213 of 2025 (filed by twenty-six primary teachers, graduate teachers and Headmasters); Writ Petition No.10497 of 2025 (filed by four primary teachers); Writ Petition (ST) No.16603 of 2025 [filed by the Maharashtra Rajya Graduate Primary Teachers and Kendra Pramukh (Cluster head) Association]; Writ Petition No.10321 of 2025 (filed by sixteen assistant teachers and a primary teacher); Writ Petition No.13145 of 2025 (filed by one hundred ninety-three graduate and under graduate teachers); Writ Petition No.5759 of 2025 (filed by three hundred seventy-one graduate teachers); Writ Petition No.10470 of 2025 (filed by fifteen graduate teachers) and Writ Petition No.6213 of 2025 (filed by one hundred twenty-two graduate teachers) adopted the arguments made by Mr. S. S. Pakale, the learned senior counsel and no other submission was made in these writ petitions as regards the other prayers made by them.

2. Mr. Ashwin R. Kapadnis, the learned counsel appearing for the petitioners in Writ Petition (ST) No.13145 of 2025, Writ Petition Nos.5759 of 2025 and 10321 of 2025 adopted the arguments advanced by Mr. S. S. Pakale, the learned senior counsel and relied on the judgments in “Rajneesh Kumar Pandey[Rajneesh Kumar Pandey & Ors. v. Union of India & Ors.: (2021) 17 SCC 1 ]” and “Avinash Mehrotra”[Avinash Mehrotra v. Union of India & Ors. (2009) 6 SCC 398 ]. In Writ Petition Nos. 6028 of 2025 and 10470 of 2025, the primary challenge is to the G.R.-2024 and similar arguments are raised to challenge the said G.R. Ms. Preeti Walimbe, the learned counsel who appeared in Writ Petition No.9276 of 2025 which relates to intra-district transfer process and the learned counsels appearing in Writ Petition No.8754 of 2025 and Writ Petition (ST) No. 24468 of 2025 and the interim applications vide Inerim Application (ST) Nos. 21996 of 2025, 20158 of 2025 and the Interim Application Nos.10267 of 2025, 24313 of 2025 and 25647 of 2025 made their respective submissions emphasizing a need for taking a humanitarian approach while effecting trasnfer of the teachers. Contempt Petition No.412 of 2025 has been filed alleging wilful and intentional disobedience of the interim order passed by this Court on 6^th May 2025 in Writ Petition No.16368 of 2024. This Contempt Petition has been filed by thirty-nine primary teachers who are seeking a direction to the respondent-Authorities to follow the oldstaffing pattern for the intra-district transfer of teachers.

WRIT PETITION NOS.5456 OF 2025, 6028 OF 2025 and 10470 OF2025:

3. Writ Petition No. 5456 of 2025 has been filed by the Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendrapramukh Sabha through its Chairman, namely, Girish Vijaykumar Jadhav and twenty-nine graduateteachers who are employed in upper primary schools under the Solapur Zilla Parishad. These petitioners seek to challenge the transfer and posting exercise undertaken by the Solapur Zilla Parishad as a consequence of which the petitioner nos.2 to 30 may be reverted to the post of assistant teacher in different schools. According to the petitioners, the proposed transfer and posting exercise undertaken by the Solapur Zilla Parishad would violate their statutory rights under the Maharashtra Zilla Parishads and Panchayat Samitis Act,