Mr. Vikram Mohan More v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2023.12.20 16:38:33 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO.7952 OF 2022 Vikram Mohan More Age-39, Occu - Service, Residing at C/3, 303, Shalini Vishva Society, Katraj, Pune District Pune Pin 411 046.

..... Petitioner Vs.

1. State of Maharashtra through the Hon'ble Secretary School and Education Department, Mantralaya, Mumbai - 400 032.

2. The Education Officer Secondary and Higher Secondary Education, Pune Yashwantrao Chavan Bhavan, Somwar Peth, PMC - 411001.

3. Deputy Director of Education, Pune 17, Dr. Ambedkar Marg, Opp. To Red Temple, Pune - 411 001.

4. Saraswati Vidyalaya Union High School & Junior College 414, Somwar Peth, Pune 411 011.

..... Respondents Mr.Nikhil D. Waje for Petitioner.

Ms.A.A.Purav, A.G.P. for the Respondent - State

CORAM:

A.S.CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATED :

18th DECEMBER 2023 1/3

ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :

1.

Rule. Rule made returnable forthwith.

2.

Heard the learned counsel for the parties.

3.

The Petitioner came to be appointed as Shikshan Sevak at Respondent no.5 Institution. It is stated to be a minority institution. The Petitioner's appointment came to be duly approved initially for a period of three years. On 31st March 2020, the approval granted was for the period 17th June 2013 to 16th June 2016. By subsequent order dated 4th September 2020 onwards, approval was granted on the post of Assistant Teacher. The name of the Petitioner was sought to be included in the Shalarth Pranali. Since by the impugned communication dated 28th September 2021, the request in that regard was not accepted, the Petitioner approached this court.

4.

After hearing the learned Counsel for the parties and after perusing the documents on record, we find that the Petitioner has passed the Teacher Eligibility Test (TET) in the year 2020. The issue with regard to the requirement of this qualification and for continuation of teachers in minority aided or unaided institution is the matter of reference before a larger bench. We however, find that the coordinate bench in Writ Petition No.6894 of 2023 ( Sadaf Imamoddin Masood vs. State of Maharashtra & 2/3

Ors.) decided on 2nd November 2023 has held that once appointment of teacher is duly approved then there is no reason not to include the name of such teacher in the Shalarth Pranali. In that view of the matter, the following order is passed:

a.

In view of the approval granted to the Petitioner's appointment on 4th September 2020, the name of the Petitioner is directed to be included in the Shalarth Pranali. Necessary steps in this regard be taken within a period of three months of receiving copy of this order. However, the Respondents are at liberty to take further steps in accordance with law in case the proceedings before the Hon'ble Supreme Court or the larger bench of this Court are decided and a view against grant of such relief to the Petitioner is taken.

b.

Rule is disposed of in aforesaid terms. No order as to costs. (FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.) 3/3