Rashid Khan Rafique Khan And Others v. State Of Maharashtra, Thr. Education And Sports Department, Mumbai And Another

2023:BHC-NAG:14240-DB 1 21-WP-6535-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6535 OF 2023 (Rashid Khan Rafique Khan & Ors. Vs. State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri Ram Karode, Advocate for the petitioners. Shri A.A. Madiwale, Assistant Government Pleader for respondent no.1. Shri P.B. Patil, Advocate for respondent no.2. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : SEPTEMBER 27 , 2023 Heard the learned Counsel for the petitioners as well as the learned Assistant Government Pleader for respondent no.1 and the learned Counsel for respondent no.2.

2] The petitioners claim to have successfully passed the Teachers Aptitude and Intelligence Test - TAIT that was held in February-March, 2023. They seek to complete self-certification by registering themselves through the Pavitra Portal. Since they have not been able to have access to the said portal, they have approached this Court through the present Writ Petition. 3] Shri P.B. Patil, learned Counsel for respondent no.2 has invited our attention to the order passed in Hina Kausar Mohammad Riyaz Vs. The State of Maharashtra & Ors. [Writ Petition No. 8534/2023 decided on 14/9/2023] with other connected Writ Petitions at the Aurangabad Bench. He submits that in the light of the directions issued in the said Writ Petitions, the interest of the petitioners can be protected.

4] In paragraphs 18 to 21 of the aforesaid order, it has been observed as under :

"18. Be that as it may, to the extent of these Petitions, those who are in the TET Scam whose results have been cancelled and have been permanently debarred from appearing for TET exam again, until they are cleared of the charge, such candidates would not be entitled for any relief in these Petitions, unless these candidates have cleared CTET cleanly or have Graduate with B.Ed qualifications. With these qualifications, they would be eligible for the

2 21-WP-6535-2023.odt recruitment process after having passed the TAIT. As such, the Petitioners who fall in the second and the third mode/category of eligibility, would be entitled for registration for self certification/assessment through Pavitra Portal and the last date is until midnight of 22nd September, 2023.

19. Insofar as the CTET candidates are concerned, those who have appeared for the exams on or before the date on which the TAIT exams were conducted, they can be considered for the Pavitra portal in view of the policy of the Government, subject to their passing of the CTET. However, those who have appeared for CTET weeks or months after the TAIT Exam was held between February-March, 2023, they cannot be held eligible to appear for TAIT Exams which were held earlier, since the CTET was a requirement for appearing for the TAIT Exam.

20. With the above observations, these Petitions are disposed off.

21. Those Petitions pertaining to permanent debarment and cancellation of results are concerned, we are not considering them in this group which is restricted only for self assessment/certification post passing the TAIT. Needless to state, permission to resort to registration of self assessment/certification, would be subject to any other legal impediment, if discovered or noticed by the competent authority."

5] We find the aforesaid directions are sufficient to enable the petitioners to take steps for their registration through the Pavitra Portal. It is informed that the last date for such registration is 30/9/2023. 6] Hence, by adopting the reasons assigned in the aforesaid order, the parties shall act in accordance with the directions issued in paragraphs 18 to 21 of the aforesaid order.

7] The Writ Petition is disposed of in the aforesaid terms with no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT