Pravin Atmaram Chaudhari v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:27036-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO. 15463 OF 2023 PRAVIN ATMARAM CHAUDHARI

VERSUS

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

Mr Ramesh I. Wakade, Advocate for Petitioner; Mr S. K. Tambe, A.G.P. for Respondent Nos.1 & 2 Mr V. V. Gujar, Advocate for Respondent No.3 Mr D. A. Karnik, Advocate for Respondent Nos.4 & 5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 19th December, 2023 PER COURT:

1.

We have heard the learned Advocates for the respective sides. The Petitioner has cleared the Central Teachers Eligibility Test (CTET) after the cut-off date 31/09/2019. His proposal for seeking continuation of his approval granted earlier, has been rejected by the impugned order dated 10/11/2023 only for the reason that he has not passed the Teachers Eligibility Test (TET).

(2) 2.

Since the Petitioner has passed the CTET after the cutoff date, and in several such matters, various Benches of this Court have granted reliefs to the Petitioners, this Writ Petition is partly allowed, with the following directions :- (a) The impugned order dated 10/11/2023 is quashed and set aside.

(b) The Petitioner's proposal shall be considered, since he has now passed the CTET, for sanction of continuation of the approval of his appointment within a period of 60 days by Respondent No.3/Education Officer (Primary), Zilla Parishad, Jalgaon.

(c) The Petitioner shall tender an affidavit undertaking in this Court and a copy to the employer as well as to the Respondent No.3/Education Officer, within three weeks from today, that, he would give up all service benefits if the Hon'ble Supreme Court concludes that TET is compulsory and the candidates after the cut-off date are not entitled to be in employment.

(3) (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk