Supriya Nana Baviskar v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO.9394 OF 2023 SUPRIYA NANA BAVISKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.I.K.Wagh h/f Mr.K.M.More, Advocate for the Petitioner. Mr.S.G.Karlekar, AGP for the Respondent/State. Mr.S.B.Munde, Advocate for Respondent No.4.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : AUGUST 28, 2023 PER COURT :

1.

When the impugned order dated 03.02.2021 was passed by Respondent No.3, the Petitioner admittedly did not have the TET qualification. Subsequently, he appeared for the examination on 13.01.2023 and passed the same on 03.03.2023. 2.

Issue is that the Petitioner is TET qualified today. Whether a teacher having acquired TET after the cut off date 31/03/2019, would be eligible for service benefits. As Respondent No.3 has passed the impugned order when the Petitioner was not TET qualified, we khs/August 2023/9394

- 2 - deem it appropriate to refer the case to him, once again, to consider whether the Petitioner who is in service today, could be granted any benefit of having passed the TET examination on 03.03.2023. 3.

In view of the above, this Petition is disposed off. As the impugned order dated 03.02.2021 has served it' s purpose, it would lose it's efficacy. Respondent No.3 would now re-consider the case of the Petitioner on it'

s own merits in the backdrop of his passing the TET examination on 03.03.2023. We make it clear that we have not expressed any opinion about the rights of the Petitioner in view of the fact situation recorded above.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/August 2023/9394