Aaesha Bano Shamsuddin v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:19323-DB 1 wp 9007.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9007 OF 2024 Aaesha Bano Shmsuddin .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri M. N. Shaikh, Advocate h/f Shri S. S. Kazi, Advocate for the Petitioner.

Shri V. M. Jaware, A.G.P. for the Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 26 AUGUST 2024.

FINAL ORDER :

.

Heard.

2.

The petitioner who is stated to be serving with respondent No. 5 which is a minority institute, is aggrieved by the fact that for want of her clearing a TET examination her name has not been included in Shalarth Pranali.

3.

Admittedly, the issue regarding applicability of the condition/qualification of TET to the staff of the minority institute is pending before the Supreme Court. This Court has been, for the time being directing the names of similarly placed teachers of the minority institutes to be included in the Shalarth Pranali, subject to the final outcome of the matter before the

2 wp 9007.24 Supreme Court.

4.

The Writ Petition is partly allowed. The impugned order is quashed and set aside. The respondent no.2/Deputy Director of Education, Nashik Division, Nashik, shall consider the petitioner's case for including her name in the Shalarth Pranali independent of the fact that she has not cleared the TET. The petitioner shall file affidavit/undertaking to forgo such benefits and if called upon to do so to repay the salaries if so directed depending upon the final outcome of the decision before the Supreme Court.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 24