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Bombay High CourtWP/7360/2025disposed off

Hemlata Narayan Gangode v. The State Of Maharashtra Thr Prin. Sec. Tribal Dev. Dept. And ORS

2025-12-01Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.12.02 11:25:13 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7360 OF 2025 Hemlata Narayan Gangode ....Petitioner

Versus

The State of Maharashtra & Ors.

....Respondents ---- Mr. Rahul A. Shinde for the Petitioner (through video conferencing). Mrs. Nisha Mehra, AGP for Respondent Nos.1 to 3. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 1st DECEMBER, 2025 P.C. :- 1.

A short issue is to be considered in this Petition. 2.

The Petitioner's name had appeared in the 2018 TET Exam Result Scam. She had approached this Court in Writ Petition No.9628 of 2024. By an order dated 25th September 2024, this Court did not grant her any benefits from the salary grants since she did not have the TET qualification and her name had appeared in the TET Exam Result Scam. Her TET result has been canceled and the certificate has been confiscated. Today, the changed circumstance is that the Petitioner has now acquired the C-TET qualification on

3rd March, 2023. Pursuant thereto, the Employer has not tendered her proposal for approval.

3.

In view of the above, we grant liberty to the Employer to tender a fresh proposal seeking approval to the Petitioner's appointment as an Assistant Teacher from the date she has acquired the C-TET qualification, in the light of the law laid down by the Hon'ble Supreme Court in Anjuman Ishaat-e-Taleem Trust v/s. State of Maharashtra and Ors.1 which is followed by this Court in Sagar Dattatray Chorghe v/s. The State of Maharashtra and Ors.2 4.

The concerned Authority, which is Respondent No.2, would consider the fresh proposal in accordance with law and the above-referred judgments. Needless to state, in the event, in future the Petitioner suffers an adverse order in the TET Exam Result Scam proceedings, the Employer would be at liberty to initiate appropriate action against her.

2025 SCC OnLine SC 1912 Judgment dated 11.09.2025 in Writ Petition No.7943 of 2024 alongwith connected Writ Petition

5.

In view of the earlier order passed on 25th September, 2024, the Management would continue to pay the salary of the Petitioner until the approval is granted.

6.

With the above directions, this Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)