Dyansandeep Shikshan Sanstha Aurangabad Through Its President Prakash Tukaram Sonwane v. The State Of Maharashtra And Another

1 28-WP-8280-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8280 OF 2018 Dyansandeep Shikshan Sanstha Aurangabad through its President Prakash s/o Tukaram Sonwane

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. V.G. Salgare, Advocate for Petitioner Mr. Y.G. Gujrathi, Assistant Government Pleader for Respondent No. 1 Mr. S.R. Dheple, Advocate for Respondent No. 2 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 26th MARCH, 2019 ORAL ORDER:

1.

The proposal seeking approval to the appointment of Mr. Harshal Gangadhar Pagare as Shikshan Sevak is rejected solely on the ground that he did not possess Teachers Eligibility Test (TET) qualification.

2.

Mr. Salgare, the learned Counsel Mr. Salgare has placed on record the TET certificate issued to said Mr. Harshal Pagare in October, 2018.

3.

The State Government, it appears has extended the time for getting TET qualification up to March, 2019.

2 28-WP-8280-2018 4.

We have also heard the learned Counsel for Respondent No. 2.

5.

In light of the above, the impugned order is quashed and set aside.

6.

The respondent No. 2 - Education Officer (Primary) shall decide the proposal seeking approval to the appointment of Mr. Harshal Pagare as a Shikshan Sevak afresh on its own merits, in accordance with law and preferably within a period of four months. The petitioner shall produce the certificate of TET qualification acquired by Mr. Harshal Pagare before the Education Officer (Primary) within a period of two weeks.

7.

The Writ Petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta