Shweta Walmik Bhosle v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:20038-DB 1 25.WP-9138-2024.doc (Correction has been carried out in view of speaking to the minutes order dated 30.08.2024)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9138 OF 2024 SHWETA WALMIK BHOSLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Bobade Yogesh K AGP for Respondents/State : Mr. S.R. Yadav-Lonikar Advocate for Respondent No.2 : Mr. Shantaram R. Dheple Advocate for Respondent No.5 : Mr. M.M. Joshi ...

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

DATE : 26 AUGUST 2024 PER COURT :

.

The petitioner's proposal for including her name in the Shalarth Pranali for disbursement of salary has been rejected by the impugned order, on the ground that though she was appointed after 13.02.2013, she was not possessing TET qualification. 2.

The issue regarding mandatory nature of the TET qualification is sub judice before the Supreme Court. The order of this Court holding it to be mandatory is under challenge. The Supreme Court has been pleased to pass order of status quo to be maintained. 3.

The writ petition is allowed partly. The impugned communication is quashed and set aside.

2 25.WP-9138-2024.doc 4.

The Education Officer (Primary) shall pass a fresh order without resorting to the same ground, on the petitioner's proposal, on its own merits, as expeditiously as possible, and in any case within four weeks, subject to the petitioner furnishing undertaking on affidavit sworn before the Registrar (Judicial) expressing her readiness to forgo all the benefits derived from this order, if at all the SLP is dismissed.

5.

She shall produce a copy of the affidavit before the Education Officer.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..