Usha Gotiram Tupvihire v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:8135-DB 928wp3734-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 3734 OF 2025 Usha Gotiram Tupvihire

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others ...

Mr. Deshmukh Vijay Vasantrao, Advocate for the Petitioner Ms. S.S. Joshi, AGP for Respondents State Mr. Anup Nikam, Advocate for Respondent No.4

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 19th March, 2025 ORDER:

1.

The petitioner before us is seeking participation in the selection process through TAIT 2022 being undertaken by the respondent Nos. 3 and 4. The petitioner claims to be B.Ed. qualified and on that basis she is seeking to participate in the selection process. 3.

We have heard both the sides.

4.

The petitioner is seeking permission to appear for selection process through TAIT. The candidates having qualification of graduate plus B.Ed., are eligible and can participate in the selection process on the basis of their merit in the TAIT examination. The petitioner's performance of TET has been cancelled

928wp3734-25 because of alleged scam. However, she being a graduate plus B.Ed., can easily participate in the selection process as has been considered by this Court in a group of writ petitions in the matter of Hina Kausar Mohammad Riyaz Vs. The State of Maharashtra and others (Writ Petition No.8534 of 2023 and connected matters), decided on 14.09.2023.

5.

In the light of above, we dispose of the writ petition with direction to respondent Nos. 3 and 4 to permit the petitioner to participate in the selection process on the basis of graduation plus B.Ed. qualification, if there is no other legal impediment which enables the respondent Nos. 3 and 4 to prevent her, except on the ground that her TET performance has been cancelled. 6.

Parties to act on authenticated copy of this order. (Y. G. KHOBRAGADE, J.) ( MANGESH S. PATIL, J.) JPChavan