Case Note & Summary
The petitioners, Ashvini Sachin Churi and others, are Assistant Teachers recruited by the Zilla Parishad between 1995 and 2003. They possess B.Ed and D.Ed qualifications and were exempted from appearing for the Teacher Eligibility Test (TET) under extant policies, but later cleared TET before 30th March 2026 as per Supreme Court orders. The Zilla Parishad undertook a promotional exercise for appointment to the posts of Head Master from Assistant Teachers. A provisional seniority list was published on 15th April 2026 (Exhibit-O) including the petitioners based on their date of appointment. However, this list was modified and a fresh provisional seniority list was notified on 25th May 2026 (Exhibit-S) deleting the petitioners' names. The petitioners contend that their deletion is arbitrary, especially since they are senior teachers appointed between 1995 and 2003, and rely on an impugned communication dated 14th May 2026. The court heard the petitioners on the question of interim relief but declined to grant any at this stage, instead issuing notice to the respondents returnable on 28th July 2026 and directing the respondents to file a reply affidavit within fifteen days. The court did not make any final determination on the merits.
Headnote
A) Service Law - Seniority List - Deletion of Names - Petitioners, Assistant Teachers recruited between 1995-2003, were included in a provisional seniority list dated 15.04.2026 but their names were deleted in a subsequent provisional list dated 25.05.2026 without any opportunity of hearing - Court issued notice and directed filing of reply affidavit, but declined interim relief at this stage (Paras 1-5).
Issue of Consideration
Whether the deletion of petitioners' names from the provisional seniority list for promotion to Head Master posts is arbitrary and violative of their rights, and whether interim protection should be granted.
Final Decision
Court issued notice to respondents returnable on 28th July 2026, directed filing of reply affidavit within fifteen days, but declined to grant interim relief at this stage.
Law Points
- Seniority list modification
- deletion of names without opportunity
- interim relief
- TET exemption
- promotional exercise
Case Details
2026 LawText (BOM) (06) 74
Writ Petition No.7724 of 2026
G. S. Kulkarni, Aarti Sathe
Ms.Pradnya Talekar (V.C) with Ms.Madhavi Ayyapan i/by Talakar & Associates for Petitioners; Smt.P.J.Gavhane, AGP, for Respondent-State; Ms.Preeti Walimbe with Ms.Rutika Bhoir, Mr.Varad V.Sherlekar for Applicant in IA.
Ashvini Sachin Churi and others
The State of Maharashtra and others
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Nature of Litigation
Writ petition challenging deletion of names from provisional seniority list for promotion to Head Master posts.
Remedy Sought
Petitioners seek restoration of their names in the seniority list and interim relief to prevent further promotional exercise pending disposal.
Filing Reason
Petitioners' names were deleted from the provisional seniority list dated 25.05.2026 without any opportunity, despite being senior teachers recruited between 1995-2003.
Issues
Whether the deletion of petitioners' names from the provisional seniority list is arbitrary and illegal.
Whether petitioners are entitled to interim relief to protect their seniority rights.
Submissions/Arguments
Petitioners contend they were recruited between 1995-2003, satisfied NCTE norms, had B.Ed/D.Ed qualifications, were exempted from TET but cleared it before 30.03.2026, and their names were wrongly deleted from the seniority list.
Ratio Decidendi
The court did not decide the merits but held that at this stage, without hearing the respondents, interim relief cannot be granted. The matter requires consideration of the respondents' stand.
Judgment Excerpts
We have heard learned counsel for the Petitioners on the question of interim relief.
Now the grievance of the Petitioners in the present petition is that a promotional exercise for appointment to the posts of Head Master from the Assistant Teachers is being undertaken by the Respondent-Zilla Parishad.
However, the said provisional seniority list was subsequently modified and a fresh seniority list was notified on 25th May 2026 ... in which the names of the Petitioners have been deleted.
Procedural History
The writ petition was filed on an unspecified date. On 7th July 2026, the court heard the petitioners on interim relief and issued notice to respondents returnable on 28th July 2026, directing filing of reply affidavit within fifteen days.
