Shiakh Asif Shaikh Hasan v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:15625-DB 1 wp 15398.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15398 OF 2023 Shiakh Asif Shaikh Hasan .. Petitioner

Versus

The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 15515 OF 2023 Anis Khan Nisar Khan Sikkalgar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Ms. Nayna Patil, Advocate h/f Ms. Surekha Mahajan, Advocate for the Petitioner in both matters.

Mrs. Kalpalata B. Patil Bharaswadkar, A.G.P. for the Respondent Nos. 1 and 2 in both matters.

Shri Amol Shinde, Advocate h/f Shri V. V. Gujar, Advocate for the Respondent No. 3 in both matters.

Shri Ravi R. Bangar, Advocate for the Respondent Nos. 4 and 5 in both matters.

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

DATE : 25 JULY, 2024.

FINAL ORDER :

.

Petitioners who are the employees of the respondent No. 4, stated to be a minority institute are aggrieved by the fact that the Education Officer has not forwarded their proposals for

2 wp 15398.23 including their names in the Shalarth Pranali for the reason that one of them has obtained TET qualification after the cut off date and other does not possess it at all.

2.

Since the several issues pertaining to TET viz applicability of such TET qualification to minority institute, acquisition of qualification after cut off date have been pending before the Supreme Court, this Court has been consistently issuing directions for taking appropriate steps for including the names in the Shalarth Pranali once there is approval to the appointment and subject to furnishing undertaking/affidavit. 3.

In the light of above, it would be appropriate that the Education Officer is directed to forward the petitioners' proposals for taking the decisions to the Deputy Director of Education, who obviously will have to take the decisions in the light of the order dated 07.09.2023 passed by this Court in Writ Petition No. 11121 of 2023 in the matter of Dattatray Devidas Sonwale and another Vs. The State of Maharashtra and order dated 02.11.2023 passed in Writ Petition No. 6894 of 2023 in the matter of Sadaf Imamoddin Masood Vs. State of Maharashtra and others.

4.

Writ petitions are partly allowed. Impugned orders are quashed and set aside. The Education Officer/respondent No.3 shall immediately forward the proposals of the petitioners for including their names in the Shalarth Pranali to the respondent

3 wp 15398.23 No. 2 as expeditiously as possible and in any case within a period of four (04) weeks from today. The respondent No. 2 thereafter shall decide those proposals again within a period of four (04) weeks thereafter.

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