Rekha Subhash Gaikwad Alis Rekha Manik Dupargude v. The State Of Maharashtra And Others

2024:BHC-AUG:21137-DB ( 1 ) 934 wp 9567.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9567 OF 2024 REKHA SUBHASH GAIKWAD @ REKHA MANIK DUPARGUDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for the Petitioner : Mr. Suryawanshi Avinash AGP for Respondents/State : Mr. S.R. Wakale Advocate for the Respondent No.4 : Mr. A.R. Nikam .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

4th September, 2024 P.C. :- 1.

The Petitioner cleared her TET and on the basis of such result, she is said to have cleared the Teachers Ability and Intelligence Test (TAIT2022). However, her TET examination result was cancelled since she was found to be implicated in the TET exam result scam. 2.

The learned advocate appearing for the Maharashtra State Examination Council - Respondent No.4, submits that the TET exam result was cancelled prior to the Petitioner making an attempt for the TAIT. The fact that her examination result was cancelled was suppressed from the Council and the Petitioner appeared for the TAIT based on the same result

( 2 ) 934 wp 9567.24 which was actually cancelled. This is another act of a fraud played by the Petitioner on the Examination Council.

3.

This Court has concluded that TET qualification is compulsory under the Right to Education Act, vide judgment dated 11.06.2021 delivered in Writ Petition No.4904/2020 (Sagar Gopichand Bahire V/s. State of Maharashtra and Ors.). The matter has travelled to the Hon'ble Supreme Court which has directed status quo to be maintained. The cut-off date for acquiring the TET or the CTET qualification, is 31.03.2019. The Petitioner is said to have cleared her CTET in 2024. 4.

In the light of the above, this Writ Petition cannot be entertained and the same is dismissed. If the Hon'ble Supreme Court concludes that the TET exam is not mandatory or grants extension of time for acquiring the TET qualification which would help the Petitioner considering that she has acquired CTET in 2024, the Petitioner would be at liberty to seek redressal of her grievance by resorting to a remedy as may be permissible in law.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub