Shri. Suraj Sunilkumar Vhasale And ANR v. The State Of Maharashtra Thru The Secretary, School Edu. Dept. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1909 OF 2019 Shri. Suraj Sunilkumar Vhasale & Anr.

...Petitioners

Versus

The State Of Maharashtra & Anr.

...Respondents

Mr. Narendra Bandiwadekar, Sr. Advocate a/w Mr. Vinayak Kumbhar, Mr. Rajendra Khaire, Mr. Aniket Phapale i/by Ms. Ashwini Bandiwadekar, Advocate for the Petitioners. Mr. P.P. Kakade, Addl. G.P. a/w Smt. Reena Salunkhe, AGP for Respondent No.1 / State.

Mr. Vijay Killedar, Advocate for Respondent No.2. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

by SUNNY ANKUSHRAO THOTE Date:

2024.11.25 14:08:00 +0530 SUNNY ANKUSHRAO THOTE DATE : 21st NOVEMBER, 2024 P.C. :- 1.

Petitioner No.1 was a Shikshan Sevak. When he filed this Petition, he had not acquired the Teacher's Eligibility Test (T.E.T.) qualification. After the cut-off date 31st March, 2019, he has acquired the Central Teacher's Eligibility Test (C.T.E.T) qualification. He refers to the order dated 7th October, 2024 passed by this Court in Writ Petition 3187 of 2021 (Sharda Shamrao Mahajan and Ors. V/s. The State of Maharashtra and Ors.) and the

extensive order passed by this Court on 12th November, 2024 in Writ Petition No.16423 of 2023 and other connected matters (Stephie Sushant Ransing Alias Stephie Sebastian John V/s. The State of Maharashtra and Ors.).

2.

In view of the above and in the light of Sharda Shamrao Mahajan (Supra) and Stephie Sushant Ransing (Supra), the impugned order refusing approval to the service of Petitioner No.1, is set aside. Respondent No.2 shall grant conditional approval to the said Petitioner in the light our conclusions set out in Sharda Shamrao Mahajan (Supra) and Stephie Sushant Ransing (Supra). 3.

Such conditional approval would be a foundation for issuance of the Shalarth-ID and commencement of the payment of the pay scale to the Petitioner through the Shalarth Portal. As held in the above stated cases, such conditional approval and Shalarth-ID would be subject to an affidavit undertaking being filed by Petitioner No.1 with Respondent No.2, as well as, in this Court, within three weeks from today, by incorporating the affidavit conditions set out in Paragraph No.10 of the order of this Court delivered at the Aurangabad Bench, dated 7th September, 2023 in

Writ Petition No. 11121 of 2023 (Dattatry Devidas Sonwale And Another V/s. The State of Maharashtra Through Its Principal Secretary And Others).

4.

Respondent No.2 would grant the conditional approval within 30 days from the date of the filing of the affidavit undertaking. Thereafter, Petitioner No.2 / Management would tender a further proposal for allotment of Shalarth-ID, which will be forwarded by Respondent No.2 to the Competent Authority. Let such Shalarth-ID be granted within a period of 15 days from the date of receipt of the proposal.

5.

In the light of the above directions, this Writ Petition is disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)