Basle Firdaus Haroon And Another v. State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:15139-DB 1 WP / 7431 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO. 7431 OF 2024 BASLE FIRDAUS HAROON AND ANOTHER

VERSUS

STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for petitioner : Mr. Tauseef Yaseen Sayyed AGP for the respondent - State : Mr. K.N. Lokhande Advocate for respondent no. 2 : Mr. P.R. Tandale ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19 JULY 2024 PC :

The petitioner no. 1 who has been appointed as Assistant Teacher in the petitioner no. 2 - school, stated to be a minority institution, is challenging the order of Education Officer, whereby she has refused to grant approval to the petitioner's appointment on the ground that she was not possessing MAHA-TET or CTET. 2.

The Supreme Court in the matter of Pramati Educational and Cultural Trust and others Vs. Union of India and others; 2014 AIR SCW 2859 has already addressed the issue. 3.

This Court has been consistently in similar matters, directing the decisions to be taken afresh by the Education Officer. 4.

Writ petition is allowed partly.

2 WP / 7431 / 2024 5.

The impugned order is quashed and set aside.

6.

The Education Officer shall reconsider the proposal and decide it on its own merits, however, it shall not be rejected for want of TET qualification by the petitioner no. 1. The decision shall be taken as expeditiously as possible and in any case within four (4) weeks. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/