Rajendra Yevaji Bhoye And ORS v. The State Ofmaharashtra Throu. Its Sec. School Education And Sports Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6256 OF 2025 1.

Rajendra Yevaji Bhoye Age: 32 Years, Occu.: Nil, R/o. At post Alangun, Tq. Surgana, Dist. Nashik 2.

Mahesh Dnyaneshwar Patil Age: 31 Years, Occu.: Nil, R/o. At Post: Borwat, Tq. Peth, Dist. Nashik 3.

Saraswati Digamber Giri Age: 30 Years, Occu.: Nil, R/o. Yojana Nagar, Lohgaon, Pune, Tq. & Dist. Pune 4.

Minakshi Yashwant Jopale Age: 32 Years, Occu.: Nil, R/o. At Chikhali Post: Borgaon, Tq. Surgana, Dist. Nashik by SUNNY ANKUSHRAO THOTE Date:

2025.05.09 14:16:23 +0530 SUNNY ANKUSHRAO THOTE 5.

Haridas Sitaram Khotare Age: 32 Years, Occu.: Nil, R/o. At Dhayatipada, Post Berwal Tq. Trambakeshwar, Dist. Nashik 6.

Jayshri Pandurang Jadhav Age: 32 Years, Occu.: Nil, R/o. At Post Bordingpada, Tq. Peth, Dist. Nashik 7.

Shital Kashinath Gaikwad Age: 31 Years, Occu.: Nil, R/o. At Post Dindori, Tq. Dindori, Dist. Nashik 8.

Vaman Chandar Sapate Age: 36 Years, Occu.: Nil, R/o. At Kathwadpada, Post: Deodongar, Tq. Trimbakeshwar, Tq. Nashik.

9.

Devendra Amarchand Kolhe Age: 34 Years, Occu.: Nil, R/o. At Verul, Post Dalvat, Tq. Kalwan, Dist. Nashik

10. Sumitra Amarchand Kolhe Age: 32 Years, Occu.: Nil, R/o. At Verul, Post Dalvat, Tq. Kalwan, Dist. Nashik

11. Manohar Padmakar Gavali Age: 32 Years, Occu.: Nil, R/o. At Nalwalpada, Post: Dindori, Tq. Dindori, Dist. Nashik

12. Rupalee Chhagan Londhe Age: 36 Years, Occu.: Service, R/o. At Loni Kalbhor, Tq. Haveli, Dist. Pune.

13. Hemlata Dhanaji Gavali Age: 29 Years, Occu.: Nil, R/o. At Post:Karanjali, Tq. Peth, Dist. Nashik

14. Monali Chintaman Zirwal Age: 30 Years, Occu.: Nil, R/o. At Khandurdi Post: Umbarthan Tq. Surgana Dist. Nashik

15. Gitesh Vitthal Dhum Age: 36 Years, Occu.: Nil, R/o. At Khokari Post Bhormal, Tq. Surgana Dist. Nashik

16. Malti Laxman Thakare Age: 34 Years, Occu.: Nil, R/o. At post: Borgaon, Tal. Surgana, Dist. Nashik

17. Harshada Ashok Hinde Age: 33 Years, Occu.: Nil, R/o. At post: Umbarpada (Digar) Tal. Surgana, Dist. Nashik

18. Nanda Sampat Jadhav Age: 36 Years, Occu.: Nil,

R/o. At Shirshgaon, Post: Amboli, Tal. Trimbkeshwar, Dist. Nashik

19. Harshvardhan Eknath Lilke Age: 33 Years, Occu.: Nil, R/o. Yajurved- Vednagari Soc., Row House No.50, Peth Road, Opp. Meghraj Bekari, Nashik Tq. & Dist. Nashik

20. Nirmala Dadu Sable Age: 33 Years, Occu.: Nil, R/o. At Post Ingalun, Tq. Junner, Dist. Pune.

21. Shivaji Dunda Bhokate Age: 30 Years, Occu.: Nil, R/o. At post: Jambhori, Tal. Ambegaon, Dist. Pune

22. Taibai Sawleram Damse Age: 34 Years, Occu.: Nil, R/o. At Post Gohe (BK.), Tq. Ambegaon, Dist. Pune.

23. Sandip Keshav Kathe Age: 32 Years, Occu.: Nil, R/o. At post: Jambhori, Tq. Ambegaon, Dist. Pune

24. Dipali Savalewram Adhari Age: 32 Years, Occu.: Nil, R/o. At Post: Gohe (BK.), Tal. Ambegaon, Dist. Pune

25. Sonali Bhaskar Nikam Age: 35 Years, Occu.: Nil, R/o. At Post: Dindori, Tq. Dindori, Dist. Nashik

26. Tushar Govind Gavit Age: 34 Years, Occu.: Nil, R/o. At Post: Borgaon, Tal. Surgana, Dist. Nashik

27. Komal Krishnarav Budhavale Age: 35 Years, Occu.: Nil,

R/o. At Post Wathar Station, Tal. Koregaon, Dist. Satara

28. Nilesh Gokul Borse Age: 36 Years, Occu.: Service, R/o. At Post Nachlondhi, Tq. Pethe, Dist. Nashik ....Petitioners

Versus

1.

The State of Maharashtra, Through it's Secretary, School Education and Sports Department, Mantralaya, Mumbai-32.

2.

The Commissioner of Education, Maharashtra State, Pune.

Central Building, First Floor, Dr. Annie Bezant road, Agarkar Nagar, Pune, Tal. & Dist. Pune, Maharashtra-411001.

3.

The Chairman, The Maharashtra State Council of Examination, Pune, 17, Dr. Babasaheb Ambedkar Road, Camp, Pune, Tal. & Dist. Pune. Maharashtra-411001.

4.

The Commissioner (Education), The Maharashtra State Council of Education, Maharashtra State Secondary & Higher Secondary Shikshan Mandal, (2nd & 4th Floor), Survey No.832-A, Near the Balchitrawani Final Plot No.178 & 179, Behind Aagharkar Research Institute, Bhamburda, Shivajinagar, Tal. & District Pune, Maharashtra - 411004.

(Copy for Respondent No. 1 & 2 to be served on Govt. Pleader, High Court of Judicature of Bombay).

....Respondents

Mr. D.A. Karnik h/f Mr. R.I. Wakade-Patil, Advocate for the Petitioners.

Mr. A.C. Bhadang, AGP for Respondent Nos.1 & 2/State. Mr. Ashwin Kapadnis i/by Mr. Vijay Killedar, Advocate for Respondent Nos.3 & 4.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 8th MAY, 2025 ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.) 1.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2.

We have considered the submissions of the learned Advocate for the respective sides and the learned AGP with their assistance, we have gone through a recently delivered order dated 25th March, 2025 by this Court in Writ Petition No.1269 of 2025 (Pandharinath Dilip Kanojia & Ors. versus The State of Maharashtra & Ors.).

3.

We have also adverted to the Judgment delivered by this Court at the Aurangabad Bench in Hina Kausar Mohammad

Riyaz & Others versus The State of Maharashtra & Ors., Writ Petition No.8534 of 2023 and group of cases decided by order dated 14th September, 2023. For the sake of clarity, we record that there were three modes for a candidate to approach the TAIT. One mode was of passing TET, the second was after passing C-TET and the third was on acquiring Graduate plus B.Ed. Education. 4.

In Pandharinath Dilip Kanojia & Ors. (supra), we concluded that if any candidate is selected on the basis of passing the TET and if the said TET exam result is cancelled on account of the name of the concerned candidate figuring in the 2019 TET exam result scam (wherein lesser marks actually scored were exaggerated to show higher marks in the online declaration of the results so as to enable such candidates to overcome the qualifying bar), such candidates cannot be considered if they had appeared for TAIT based on such TET result, primarily for the reason that the TET result of 2019 with regard to such 7500 candidates, has been cancelled and their TET marks/marks memo have been neutralised. 5.

However, in the case of candidates who have appeared for the TAIT on the basis of passing the C-TET or on the basis of Graduate plus B.Ed. qualifications, such cases were to be considered

independently, by the prospective employers. In short, standing on the plank of C-TET or Graduate plus B.Ed., the candidature could be considered for TAIT.

6.

We have perused the recently delivered judgment of the Hon'ble Supreme Court dated 3rd April, 2025 in a long list of appeals bearing Special Leave Petition (Civil) No.9586 of 2024 [State of West Bengal versus Baishakhi Bhattacharyya (Chatterjee) and Others], 2025 SCC OnLine SC 719. Paragraph Nos.19, 45, 46 and 47 of the said judgment, read as under:

"19. The following principles emerge from the aforesaid discussion:

• When an in-depth factual inquiry reveals systemic irregularities, such as malaise or fraud, that undermine the integrity of the entire selection process, the result should be cancelled in its entirety. However, if and when possible, segregation of tainted and untainted candidates should be done in consonance with fairness and equity.

• The decision to cancel the selection en masse must be based on the satisfaction derived from sufficient material collected through a fair and thorough investigation. It is not necessary for the material collected to conclusively prove malpractice beyond a reasonable doubt. The standard of evidence should be reasonable certainty of systemic malaise. The probability test is applicable.

• Despite the inconvenience caused to untainted candidates, when broad and deep manipulation in the

selection process is proven, due weightage has to be given to maintaining the purity of the selection process. • Individual notice and hearing may not be necessary in all cases for practical reasons when the facts establish that the entire selection process is vitiated with illegalities at a large scale." "45. The last question relates to the relief and whether it requires any modification. We find no valid ground or reason to interfere with the direction of the High Court that the services of tainted candidates, where appointed, must be terminated, and they should be required to refund any salaries/payments received. Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction."

"46. For candidates not specifically found to be tainted, the entire selection process has been rightly declared null and void due to the egregious violations and illegalities, which violated Articles 14 and 16 of the Constitution. As such, the appointments of these candidates are cancelled. However, candidates who are already employed need not be asked to refund or restitute any payments made to them. However, their services will be terminated. Furthermore, no candidate can be appointed once the entire examination process and results have been declared void."

"47. Some of the appointed candidates who do not fall within the category of tainted candidates may have previously worked in different departments of the State Government or with autonomous bodies, etc. In such cases, although their appointments are cancelled, these candidates will have the right to apply to their previous departments or autonomous bodies to continue in service with those entities. These applications must be processed by the respective government departments or bodies within three months, and the

candidates will be allowed to resume their positions. Further, the period between the termination of their previous appointment and their rejoining will not be considered a break in service. Their seniority and other entitlements will be preserved, and they will be eligible for increments. However, for the period they were employed under the disputed appointment, no wages will be paid by the State Government or autonomous bodies. Further, if required and necessary, supernumerary posts may be created for persons appointed in the interregnum."

7.

In view of the above and since the Petitioners are standing on the plank of C-TET qualification for the purpose of consideration through TAIT, this Writ Petition is disposed off. The Petitioners can be considered for TAIT on the basis of their C-TET qualifications. Subsequently, if the prospective employer notices tainted character or tainted antecedents or if any of these Petitioners are convicted for their role in the TET 2019 Exam Result Scam, the authorities/employer would be at liberty to initiate an appropriate action against such candidates.

8.

The learned Advocate representing Respondent No.3 submits, in the light of the document at Page No.181, that the Authorities have issued a 'Shuddhi Patra' and that solves the problem of the Petitioner. We, however, record that the Petitioner

shall truthfully fill-in the details in the online application, and any statement of falsehood would render them disqualified. 9.

Rule is discharged.

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