Shree Mahavir Shikshan Prasarak Samiti, Wani Through President Jainendra Mulchand Jain And Others v. The State Of Maharashtra, Through Secretary, Department Of School Education, Mumbai And Others

2025:BHC-NAG:7705-DB 966.WP.5303.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5303 OF 2019 Shree Mahavir Shikshan Prasarak Samiti, Wani through its President Jainendra Mulchand Jain and others .Vs. State of Maharashtra and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. B.G. Kulkarni, Advocate for petitioners.

Mr. N.S. Rao, A.G.P. for respondents/State.

CORAM : ANIL S. KILOR AND VRUSHALI V. JOSHI, JJ.

DATE : 05/08/2025 1.

Heard.

2.

At the outset, Mr. Kulkarni, learned counsel for the petitioners states that, he does not want to press the petition qua the petitioner Nos.5 and 6.

3.

He points out that the only ground on which the approval to the appointments of the petitioner Nos.3 and 4 as 'Primary Teachers', were refused as they do not possess the TET qualification. It is argued that, after rejection of the approval, both the petitioners have now obtained the TET qualification.

4.

In the circumstances, his limited prayer is to direct respondent No. 4 to reconsider the case of the

966.WP.5303.2019.odt petitioner Nos. 3 and 4 for grant of approval from the date they acquired the TET qualification.

5.

The learned A.G.P., on the other hand, submits that, if such proposal is submitted by the Management, the same will be considered by the Education Officer. Accordingly, the writ petition is disposed of in following terms:- 6.

The petition qua petitioner Nos.5 and 6 is dismissed as not pressed.

7.

The petition in respect of petitioner Nos. 3 and 4 is disposed of with direction to the Education Officer that if petitioner Nos.3 and 4 submit a fresh proposal for grant of approval to their appointments as 'Primary Teachers' w.e.f. the date they acquired the TET qualification, the Education Officer shall consider the same and take a decision on such proposal within four months from the date of submission of the proposal in accordance with law. (VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) C.L. Dhakate