Shankar S/O Dinkar Sathe v. The State Of Maharashtra Thr. Its Secretary School Education And Sport Department And ORS
by ARUNA SANDEEP TALWALKAR Date:
2025.12.01 12:10:22 +0530 ARUNA SANDEEP TALWALKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9628 OF 2025 Shankar s/o. Dinkar Sathe.
Age: 33 years, Occu.: Service as a Shikshan Sevak working with Narayanrao Sanas Vidyalaya Wadgaon (Kh.) (Sanasnagar), Pune.
... Petitioner.
V/s.
1.
The State of Maharashtra Through its Secretary School Education and Sport Department, Mantralaya, Mumbai-32.
2.
The Education Officer (Secondary) Pune Zilla Parishad, Pune 3.
The President/Secretary, Rayat Shikshan Sanstha Satara-415001.
4.
The Divisional Officer, Rayat Shikshan Sanstha, Western Division, City Suery No. 556, Aundhgaon, Pune-411007.
5.
The Headmaster, Narayanrao Sanas Vidyalaya Wadgaon (Kh.) (Sanasnagar), Pune-411041.
... Respondents.
--- Mr. Ketan Pote (through V.C.) a/w. Mr. Deepak Pote, Advocate for Petitioner.
Mrs. Pooja Joshi-Deshpande, AGP for Respondent/State. Mr. Akshay Shinde, Advocate for Respondent No. 3 to 5.
--- CORAM :
RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE :
26th NOVEMBER, 2025 ORAL JUDGMENT : (Per Ravindra V. Ghuge, J) 1.
Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2.
The grievance of the Petitioner is that he is not granted an approval by the Order dated 9.7.2021, after being appointed as a Shikshan Sevak on compassionate basis. The learned AGP has placed on record a copy of the approval order dated 21.11.2025 issued by Dr. Bhausasheb Karekar, Education Officer (Secondary), Pune Zilla Parishad, Pune. The same is marked as 'X' for identification. 3.
We have heard the learned Advocate for the Petitioner, the learned AGP for Respondent-State and the learned Advocate for Respondent Nos. 3 to 5.
4.
The conditions imposed on the Petitioner, in the order 'X' at
Serial No. 13 and 15, read thus:
"१३) आपणासशि क्षणास वकपदावररुजु दिदानांकपसनां५वर्षाच्या आत टी ईटी उत्ती णा करूनांप्रमाणापत्रसदारकरव लागे ला, अन्याधा आपला दिनांयाक्ती, रद्दकरणा तया ईला.
१५) सदार्भ क्रमाक८चे सनांदिनांणायान्वया पचेवर्षाच्या आतशि क्षक पत्रत पर क्ष किंकव क3 द्री याशि क्षकपत्रत पर क्ष ही अहीत धारणाकरणा
बंधानांकरकरही ला.
दिवही तमादात तपत्रत पर क्ष उत्तित्तीणा नांझाल्यासत्याचे
शि क्षकपदावर लास व समाप्तकरण्यातया ईला."
5.
There is no dispute that though the Petitioner is appointed on compassionate basis, if he has to become an Assistant Teacher, he must have the TET/C-TET qualification. He has already completed 3 years as Shikshan Sevak, since he was appointed on 9.7.2021. Presently, he is still working as a Shikshan Sevak. If he has the requisite qualification, he would have become an Assistant Teacher in July, 2024 and if the School was grant-in-aid, he would have received the salary of the Assistant Teacher under the aided establishment. 6.
The Hon'ble Supreme Court has delivered a verdict in Anjuman Ishaat-E-Taleem Trust V/s. The State of Maharashtra & Others (2025 SCC OnLine SC 1912). Those candidates who have more than 5 years in employment before superannuation, are directed to acquire the TET qualification within 2 years. If they fail to do so, their services are to be dispensed with. We are adverting to paragraph No. 217 of the
Anjuman Ishaat-E-Taleem Trust(supra), which reads as under : "217. Insofar as in-service teachers recruited prior to enactment of the RTE Act and having more than 5 years to retire on superannuation are concerned, they shall be under an obligation to qualify the TET within 2 years from date in order to continue in service. If any of such teachers fall to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to. We add a rider that to qualify for the terminal benefits, such teachers must have put in the qualifying period of service, in accordance with the rules. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her."
7.
In view of the above, we are modifying Clause Nos. 13 and 15 to the extent that the Education Officer would re-word Clause Nos. 13 and 15 by incorporating the following aspects : For Clause -13 - The Petitioner would acquire the TET/C-TET qualification prior to December, 2027 and only thereafter, he would be posted as an Assistant Teacher and if the Institution is grant-in-aid, he would receive the salary grants as per the pay scale available to a TET/C-TET qualified Assistant Teacher. For Clause -15 - If the Petitioner does not acquire TET/C-TET qualification prior to 31st December, 2027, his services would be dispensed with.
8.
The learned Advocate for the Petitioner submits that the Petitioner would make his best endeavour and would appear for the TET/C-TET exam, as maybe possible and he would be bound by the above modified Clauses Nos. 13 and 15.
9.
We, therefore, direct the Education Officer to reword the Clauses 13 and 15 by incorporating the above aspects as we have directed and issue a modified order within a period of 15 days. 10.
Needless to state, the moment the Petitioner passes TET/CTET exam, in any case prior to 31st December 2027, the Management would forward his proposal for approval as an Assistant Teacher with effect from 9.7.2024, but with monetary benefits only from the date he has acquired TET/C-TET qualification. Accordingly, his name would be entered in the Shalarth I/D for payment of salary purpose. 11.
The Petition is partly allowed in the above terms. 12.
Rule is made partly absolute.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)