Syed Salim Syed Rahim And Another v. The State Of Maharashtra Throughits Secretary And Others

2024:BHC-AUG:10725-DB 931 WP 119 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO. 119 OF 2023 WITH CIVIL APPLICATION NO. 2303 OF 2024 IN RAST/4012/2024 SYED SALIM SYED RAHIM AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGHITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. M.N. Shaikh h/f Mr. Kazi S. S. AGP for Respondent nos. 1 to 3 : Mr. D.R. Korde Advocate for Respondent No. 4 : Mr. B.A. Shinde ...

CORAM

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

DATE : 13.06.2024 PER COURT :

Heard.

2.

The petitioners who are stated to be serving with respondent no. 5, which is a minority institute, are aggrieved by the fact that for want of their clearing a TET examination their names have 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 institute to be included in the Shalarth Pranali, subject to the final outcome of the matter before the Supreme Court.

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931 WP 119 OF 2023.odt 4.

The Writ Petition is partly allowed. The impugned order is quashed and set aside. The respondent-Deputy Director shall consider the petitioners cases for including their names in the Shalarth Pranali independent of the fact that they have not cleared the TET. The petitioners shall file affidavits 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.

5.

Leave granted to withdraw the Review Application(Civil) (ST)/4012/2023.

6.

Pending Civil Application No. 2303/2024 is disposed of. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2