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Bombay High CourtWP/11595/2023disposed off

Bhagvan Dilip Bedse And ORS v. The State Of Maharashtra Thr The Secretary And ANR

2023-10-11Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11572 OF 2023 Mohammed Sajid Abdul Kadar Patwekar .. Petitioner Vs.

The State of Maharashtra, Through Education & Sports Dept. and Ors.

.. Respondents ALONG WITH WRIT PETITION NO.11102 OF 2023 Swati Hari Gavit and Ors.

.. Petitioners Vs.

The State of Maharashtra, Through School Education Department and Ors.

.. Respondents ALONG WITH WRIT PETITION NO.11128 OF 2023 Vivek Balasaheb Pahane and Ors.

.. Petitioners Vs.

The State of Maharashtra, Through School Education Department and Ors.

.. Respondents ALONG WITH WRIT PETITION NO.11242 OF 2023 Yadav Aniket Satish .. Petitioner Vs.

The State of Maharashtra, Through School Education & Sports Dept. and Ors. .. Respondents ALONG WITH WRIT PETITION NO.11574 OF 2023 Ruqayya Riyaz Sache and Ors.

.. Petitioners Vs.

The State of Maharashtra, Through Dept. of Education & Sports and Anr.

.. Respondents 1/4

ALONG WITH WRIT PETITION NO.11575 OF 2023 Khushalchand Chandar Bhoye and Anr.

.. Petitioners Vs.

The State of Maharashtra, Through Dept. of Education & Sports and Anr.

.. Respondents ALONG WITH WRIT PETITION NO.11594 OF 2023 Avinash Bhagwan Chimate .. Petitioner Vs.

The State of Maharashtra, Through Dept. of Education & Sports and Anr.

.. Respondents ALONG WITH WRIT PETITION NO.11595 OF 2023 Bhagvan Dilip Bedse and Ors.

.. Petitioners Vs.

The State of Maharashtra, Through Dept. of Education & Sports and Anr.

.. Respondents Ms. Sneha Bange for the Petitioner in WP/11572/2023. Mr. Shaikh Atique-Ur-Rehman, i/by Mr. M.M. Choudhari, for the Petitioner in WP/11242/2023.

Dr. Uday P. Warunjikar, i/by Mr. Sumit Kate, for the Petitioners in WP/11128/2023.

Mr. Sanjeev B. Deore, with Ms. Suchita J. Pawar and Mr. Hariharan Ramswami, for the Petitioner/s in WP/11575/2023, WP/11574/2023, WP/11594/2023 and WP/11595/2023.

Mr. N.V. Bandiwadekar, Sr. Advocate, with Mr. Vinayak Kumbhar, i/by Ms. Ashwini Bandiwadekar, for the Petitioners in WP/11102/2023. Mr. N.C. Walimbe, AGP for the Respondent-State in WP/11572/2023, WP/11102/2023, WP/11574/2023 and WP/11242/2023. Ms. Ashwini Purav, AGP for the Respondent-State in WP/11128/2023. 2/4

Ms. S.S. Bhende, AGP for the Respondent-State in WP/11242/2023, WP/11575/2023 and WP/11594/2023.

Mr. V.M. Mali, AGP for the Respondent-State in WP/11595/2023. CORAM : SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA, JJ DATE : 11 TH OCTOBER, 2023.

P.C. :

1.

Heard learned counsel for the respective parties. 2.

Following the interim relief granted by this court on different dates, all these petitioners have submitted their applications of self-certification by registering themselves on Pavitra Portal and this was well before the last date of submission of such self-certification applications, which was 6 th October 2023.

All these petitioners are similarly situated as the petitioners in Writ Petition No.8534 of 2023, along with connected matters, decided by a common order at Aurangabad Bench on 14 th September 2023, wherein a view has been taken that if the petitioners, irrespective of their involvement in TET Scam, claimed their eligibility on the basis of their clearing Teachers Aptitude and Intelligence Test, such petitioners should be permitted to make an application regarding self-certification by registering themselves on the Pavitra Portal. 3.

The only difference is that all these petitioners, instead of clearing State Teacher Eligibility Test, have cleared Central Teacher Eligibility Test, a different test from the State Teacher Eligibility Test. But, the common ground between these petitioners and those petitioners before the Aurangabad Bench put3/4

forward for justifying their eligibility for making an application of selfcertification on the Pavitra Portal has been that all these petitioners are not claiming any benefit of State Teachers' Eligibility Test but are independently approaching the Authority by drawing support from a different nature of qualification.

4.

We are, therefore, of the view that all these petitioners are entitled for their appropriate registration on the Pavitra Portal and accordingly, we direct the Maharashtra State Examination Council, Pune to treat the applications of all these petitioners regarding their self-certification made on the Pavitra Portal as having been received before expiry of the last date of submission of such applications. We further direct the Maharashtra State Examination Council, Pune to deal with those applications in accordance with law. All these petitions are disposed of.

[ FIRDOSH P. POONIWALLA, J. ] [ SUNIL B. SHUKRE, J. ] 4/4