Uzma Samin Md Khizrul Qadri v. State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:13980-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1021 WRIT PETITION NO. 1979 OF 2024 SHAIKH SUMAYYA BEGUM SHAIKH NASEER AND ANOTHER
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Mr. Sayyed Tauseef Yaseen, Advocate for the petitioners. Mr. D.R. Korade, A.G.P. for respondent No.1/State. Mr. P.D. Suryawanshi, Advocate for respondent No.2. ...
AND 1025 WRIT PETITION NO. 6740 OF 2024 WITH WRIT PETITION NO. 6756 OF 2024 WITH WRIT PETITION NO. 6760 OF 2024 WITH WRIT PETITION NO. 14665 OF 2023 UZMA SAMIN MD KHIZRUL QADRI
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Mr. Sayyed Tauseef Yaseen, Advocate for the petitioner. Mr. P.S. Patil, A.G.P. for respondent/State.
Mr. P.D. Suryawanshi, Advocate for respondent No.2. ...
CORAM :
R.G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.
DATED :
8 MAY 2025 P.C. :
1.
Heard.
2.
The petitioners are awaiting participation in selection process through Maharashtra Teacher Aptitude and Intelligence Test (MAHA TAIT) but are stuck up because of the alleged scams at these examinations. The crimes were
(2) registered and charge-sheets are stated to have been filed. Considering the scheme of Pavitra Portal, in the matter of Hina Kausar Mohammad Riyaz Vs. The State of Maharashtra and others (Writ Petition No. 8534/2023 and connected matters) decided on 14.09.2023, by an elaborate judgment, this Court had dealt with the aspect and considering the fact that the scam was in respect of TET examination and considering the fact that under the provisions of Right of Children to Free and Compulsory Education Act, 2009, even Central Teacher Eligibility Test (CTET) and D.Ed. + graduation are the eligibility criteria for appearing at the TAIT, directions were issued to consider the cases of each of such petitioners for participation in the selection process through Pavitra Portal even ignoring their performance at TET, wherein the scams had occurred, if necessary by resorting to verification through the Cyber Cell. 3.
In several similar matters, subsequently this Court has been issuing similar directions for considering cases of each of petitioners on verification and further directing the authorities to allow them to participate in the selection processes through Pavitra Portal.
4.
Following the course, we dispose of both these petitions directing the respondents to consider the cases of each of the
(3) petitioners on their own merits independently, considering their participation, if any, in the alleged scam what else and with a specific incorporation, if at all, they are to be appointed to mention in the orders of the approval a stipulation that their such appointments would depend upon the final result of the investigation of the crime and the result of the trial pursuant thereto, on furnishing their undertakings before the concerned Education Officer of the Zilla Parishad on the aforementioned lines. The decision shall be taken and approval order shall be issued to the petitioners, if eligible, as expeditiously as possible and in any case, within six weeks.
(SANDIPKUMAR C. MORE, J.) (R.G. AVACHAT,J.) VD_Dhirde