Kanchan Jawaharalal Khare v. The State Of Maharashtra Through Secretary

2025:BHC-AUG:6441-DB 3014.25wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 86 WRIT PETITION NO. 3014 OF 2025 1.KANCHAN JAWAHARALAL KHARE

2. MADAN EDUCATION SOCIETY THR. HEADMASTER

VERSUS

1. THE STATE OF MAHARASHTRA THROUGH SECRETARY, SCHOOL EDUCATION DEPARTMENT, MANTRALAYA, MUMBAI 2.EDUCATION OFFICER (PRIMARY), ZILLA PARISHAD, CHHATRAPATI SAMBHAJINAGAR ....

Mr Quadri Tabrezuddin, Advocate for petitioners Mrs V. N. Patil Jadhav, A.G.P. for respondent No.1 Mr U. B. Bondar, Advocate for respondent No.2 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 4th March, 2025 PER COURT:

1.

The petitioners are challenging the order of respondent No.2/Education Officer (Primary), dated 21/01/2025, refusing to grant approval to appointment of petitioner No.1 on the ground of she being not TET qualified.

2.

We have heard both the sides.

3.

Considering the fact that the impugned order takes exception to the appointment only on the ground of her TET

3014.25wp (2) qualification which is a subject matter awaiting decision by the Supreme Court in several matters, for the time being, till the time the Supreme Court does not decide the issue, this Court has been protecting in the employment and directing the Education Officers to consider the proposals independent of such TET qualification, by soliciting an undertaking from the petitioners that they would abide by the decision of the Supreme Court.

4.

We dispose of the writ petition directing the petitioner No.1 to submit an undertaking on affidavit as mentioned herein above, sworn before the Registrar (Judicial) of this Court and produce its copy before the respondent/Education Officer (Primary), who shall thereafter pass a fresh order on the same proposal, without resorting to the ground mentioned in the impugned communication. The decision shall be taken as expeditiously as possible and in any case within six weeks of production of the copy of an undertaking. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk