Shri. Dinesh Krishna Kokate v. The State Of Maharashtra Through The Secretary, School Edu. And Sports Dept. And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.05.06 10:41:47 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2870 OF 2022 Dinesh Krishna Kokate.

... Petitioner

Versus

State of Maharashtra & Ors.

... Respondents.

**** Mr. Prashant Bhavake, Advocate for the Petitioner. Mr. B.V. Samant, Addl. G.P. with Mr. Tejas Kapre, Mali, AGP for Respondent Nos. 1 to 4/State.

Mr. Kedar Lad, Advocate for Respondent No. 5. Mr. Utkarsh Desai, Advocate for Respondent Nos. 6 and 7. **** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

30th APRIL, 2025 P.C. :

1.

The Petitioner has acquired the Central Teacher Eligibility Test (CTET) certificate after the cut off date. 2.

Approval is refused vide impugned order dated 21st June, 2019 on the ground that the Petitioner has not acquired Teacher Eligibility Test (TET).

3.

The only question would be as to whether the Petitioner can continue in employment after acquiring such certificate after the cut off date. This issue is sub-judice before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 8300 of 2021 (Priti Ravindra Warghante and Ors. Vs State of Maharashtra and Ors.). The Hon'ble Supreme Court has directed status-quo to be maintained. 4.

In the light of the directions set out by this Court at Aurangabad, in the order dated 7th September, 2023 passed in Writ Petition No. 11121 of 2023 (Dattatry Devidas Sonwale and Anr. Vs. State of Maharashtra and Ors.) and the conclusions / conditions set out in the order dated 12th November, 2024 passed at the Principal Seat in Writ Petition No. 16423 of 2023 and connected matters (Stephie Sushant Ransing Alias Stephie Sebastian John V/s. The State of Maharashtra and Ors.), this Writ Petition is partly allowed. The impugned order dated 21st June, 2019 is quashed and set aside. The Education Officer shall grant conditional approval and the Management shall move an appropriate application for allotment of Shalarth -ID to the Petitioner, expeditiously, so as to commence the payment of monthly salary. 5.

The payment of the regular monthly salary of the Petitioner shall be commenced forthwith. Arrears of the salary from the date of

filing of the Petition shall be subject to the decision of the Hon'ble Supreme Court.

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