Shubhangi Walmik Kashid v. The State Of Maharashtra Thr The Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5200 OF 2025 Shubhangi Walmik Kashid

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Dr. U.P. Warunjikar a/w Mr. Siddhesh Pilankar i/by Mr. Sumit Kate, Advocate for the Petitioner.

Ms. Shraddha K. Nakadi i/by Mr. Rupesh K. Bobade, Advocate for Respondent No.4.

Mr. P.P. Kakade, Additional G.P. a/w Mr. V.M. Mali, AGP for Respondent Nos.1, 2, 3 and 5.

Ms. Priyanka chavan, Advocate for Respondent No.8-UOI. CORAM : RAVINDRA V. GHUGE, & ASHWIN D. BHOBE, JJ.

DATE : 7th MAY, 2025 P.C. :- 1.

The learned AGP points out that this case is slightly different than many, which have been decided by this Court. He points out that the first impression of the Court recorded in the order dated 21.04.2025, may not be correct in the facts and circumstances of this case. He submits that the petitioner participated in the TAIT on the basis of her TET result of 2019. Subsequently, because of the

2019 TET Exam Result Scam, the TET Certificates of 7,500 candidates was cancelled. The Petitioner is one of them. In this set of circumstances, her employment based on the TAIT clearance, which was on the foundation of the TET Certificate, which has now been cancelled, would be in jeopardy.

2.

The learned Advocate for the Petitioner submits that the Petitioner is in employment today.

3.

Let the pleadings be completed by 23rd June, 2025. List this Petition on 30th June, 2025 to be called out after the fresh admissions board is over, for a hearing at the admission stage. Until then, the Petitioner's service would be continued. If any of the Respondents desire a modification in this order of granting relief to the Petitioner, liberty to such circulate.

4.

The learned Advocate for the Petitioner points out that the Petitioner has not been paid her salary on account of lack of Shalarth ID, from the month of September 2024. She has worked in this period. We appreciate that work cannot be extracted from any person without payment of salary. Since the Petitioner does not have the Shalarth ID, there would not be an online payment. Therefore, in

the peculiar facts and circumstances of this case, we direct the Authorities to make the offline payment of salary to the Petitioner from September, 2024 onwards, since she has discharged her duties. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)