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Bombay High CourtWP/1455/2024disposed off

Krishna Sahayogi Tantra Shikshan Sanstha, Gondia v. State Of Maharashtra, Thr. Its Secretary, Mumbai

2024-03-01Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice M. W. Chandwani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.1455/2024 (Krishna Sahayogi Tantra Shikshan Sansthan, Deori and others V State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.N. Shende, Advocate for petitioners.

Mr. Ghogare, AGP for resp. nos. 1 and 2.

Ms Munshi, Advocate for resp. no.3.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 01-03-2024.

Mr. Shende, learned Counsel for the petitioner, while assailing the impugned order dated 25-01-2024, would make the following submissions:

(a) Even if on the date of appointment i.e. on 11-04-2015 the petitioner has not qualified as Central Teacher Eligibility Test (CTET) which he cleared on 09-03-2022, same cannot be considered as a disqualification in view of the order of the Hon'ble Apex Court dated 20-08-2020 delivered in the matter of State of Maharashtra and others Vs Madhukar and others in Special Leave Petition (Civil) No.12338/2020. His further contentions are merely because the petitioner has not cleared CTET on the date of appointment will not act as a embargo to claim the approval/ benefits as could be inferred from the order of this Court delivered in Writ Petition No.4180/2020 (Anant Kale vs State of Maharashtra and others) passed on 22-07-2022. As such, he would claim that the

2 wp 1455.24.odt petitioner's salary needs to be released by issuing appropriate directions to the Education Officer.

2.

Issue notice to the respondents, returnable on 05-04-2024.

3.

Ms Munshi, learned Counsel, waives notice for respondent no.3.

4.

Learned Assistant Government Pleader, waives notice for respondent nos. 1 and 2.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J. ) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 02/03/2024 11:42:02