Sharad Maruti Patil v. The State Of Maharashtra Thr Its Secretary And ORS

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12646 OF 2023 Sharad Maruti Patil ... Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Tanaji Mhatugade for the petitioner.

Mrs. P.N. Diwan, AGP for the State.

Mr. Nitin P. Deshpande for respondent no. 3/MSCE. _______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

P.C.

1.

Today we have passed an order on a batch of petitions (Writ Petition No. 11813 of 2023 and connected matters). In this case, the petitioner possesses a qualification of M.Sc. B.Ed. And claims to be qualified for appointment as a teacher in secondary/Junior College. He is however aggrieved by the Circular dated 1 September, 2023 issued by respondent no. 3Maharashtra State Council of Examination, Pune similar to the petitioners as observed by us in our order dated 1 November, 2023 in Writ Petition No. 11813 of 2023 and connected petitions.

2.

Mr. Deshpande, learned counsel for respondent no. 3, on instructions, would submit that the case of the petitioner would also stand covered by the decision of Division Bench of this Court in Vivek Vishnu Raut vs. The State of

Maharashtra & Ors. (Writ Petition No.11570 of 2023 and Writ Petition No.11692 of 2023) dated 11 October 2023, to which we have made a detailed reference in our order dated 1 November, 2023 in Writ Petition No. 11813 of 2023.

3.

We, accordingly, dispose of this petition in terms of the following directions:

a) The petitioner is entitled to an appropriate registration on the Pavitra Portal. Accordingly, we direct respondent no. 3-Maharashtra State Council of Examinations, Pune to treat the application of the petitioner regarding his selfcertification made on the Pavitra Portal as having been received before expiry of the last date of submission of such application.

b) We also issue additional direction as ordered by the coordinate Bench of this Court in the case of Kothavade Harshal Ravindra & Ors. vs. State of Maharashtra & Ors. in Writ Petition (St.) No. 25810 of 2023 along with connected matters, wherein the Division Bench of this Court (Justice G.S. Patel and Justice Kamal Khata) on 20 September, 2023

issued the following directions as made in paragraph 4 of the said order:

"4.

We are told that the present matters are on an identical footing. These petitioners also seek leave to have their applications registered on the Pavitra Portal provisionally subject to the same conditions as the previous Division Bench had imposed."

4.

We are inclined to pass similar orders as passed in paragraph 4 of the above orders of the Division Bench.

5.

Disposed of in the above terms. No costs.

(JITENDRA JAIN, J.) (G. S. KULKARNI , J.)