Deepak Balaji Sindalkar v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:9745-DB 58wp4346-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 WRIT PETITION NO. 4346 OF 2025 Deepak Balaji Sindalkar

VERSUS

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

Mr. Tukaram Maruti Venjane, Advocate for the Petitioner Mr. M. M. Nerlikar, Addl. GP for Respondents State Mr. V. C. Patil h/for Mr. U. B. Bondar, Advocate for Respondent No.4 CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

Dated : 1st April, 2025 PER COURT :- 1.

The petitioner who was initially appointed as assistant teacher and was granted approval way back in the year 2016 is now awaiting salary through Shalarth Pranali. By the impugned order/ communication, respondent/Education Officer (Primary) has turned down the proposal only on the ground that the petitioner has been appointed after the government resolution dated 13.02.2023 and still was not a TET qualified.

2.

The issue regarding mandatory nature of TET has been subjudice before the Supreme Court. This court has been protecting such employees subject to their furnishing undertaking that they will be bound by the final out come of the matter before the Supreme Court.

58wp4346-25 3.

Learned AGP and learned advocate for respondent no.4 admit the fact of this being a course.

4.

Writ petition is partly allowed.

5.

The impugned order is quashed and set aside and the matter is remanded back to respondent no.4 for consideration of a proposal for allotment of Shalarth I.D. subject to the petitioner furnishing an undertaking to be sworn before the Registrar (Judicial) of this Court to the effect that he would be bound by the final outcome of the matter before the Supreme Court and will not claim equities, and produce its copy before respondent no.4 education officer. 6.

On such compliance being made, respondent no.4 /Education Officer shall forward the proposal to respondent no.3 within one week of the compliance. Whereupon, respondent no.3 shall allot Shalarth ID to the petitioner within three weeks thereafter, if there is no other legal impediment.

( Y. G. KHOBRAGADE, J. ) (MANGESH S. PATIL, J.) JPChavan