Alankar Kanha Warghade And ORS v. The State Of Maharashtra Thr Sec. Rural Dev. Dept. B) The Secretary School Educ. And Sports And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15054 OF 2025 by GAYATRI RAJENDRA SHIMPI Date:
2025.12.23 11:30:44 +0530 GAYATRI RAJENDRA SHIMPI Alankar Kanha Warghade & Ors.
... Petitioners
Versus
The State of Maharashtra & Ors.
... Respondents **** Ms. Preeti Walimbe, Advocate for the Petitioners. Mr. Shrishail Sakhare, Advocate for Respondent Nos. 3 and 4. Mr. P. P. Kakade, Addl. GP a/w Mr. V.G. Badgujar, AGP for Respondent - State.
**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE : 22nd DECEMBER, 2025 P.C. :
1.
On 18th November, 2025, we have passed the following order :- "1.
Leave to add the name of Mr. Rajkumar Vitthal Kadav, who desired to be a Petitioner, but was inadvertently left out. Addition be carried out forthwith, along with payment of Court fees and vakalatnama.
1.
Leave to correct the description of Respondent No. 4, to be carried out forthwith.
2.
We have heard the learned Advocates for the Petitioners and the Zilla Parishad, Thane. From the submissions made by the learned Advocate on instructions from the Zilla Parishad and in the light of a communication by the Zilla Parishad dated 31/10/2025, addressed to the Principal Secretary,
School Education and Sports Department, we have developed an ex-facie impression that the Zilla Parishad Authorities have not read the law laid down by the Hon'ble Supreme Court in its Judgment dated 1/9/2025 in Civil Appeal No. 1385 of 2025 and connected Appeal (Anjuman Ishaat-E-Taleem Trust v/s. The State of Maharashtra & Ors.) (2025 LiveLaw (SC) 861) and the Judgment delivered by this Court in Writ Petition No. 7943 of 2024 and connected Petitions, decided on 11/9/2025 (Sagar Dattatray Chorghe v/s. State of Maharashtra & Ors.). Had these judicial pronouncements be read by the Authorities, the advise that they are seeking from the Principal Secretary, would not be unwarranted. 3.
Issue notice to the Respondents, returnable on 22nd December, 2025. The learned AGP waives service of notice on behalf of Respondent Nos. 1 and
2. Mr. Sakhare, learned Advocate waives service of notice on behalf of Respondent Nos. 3 and 4.
4.
Let the CEO of the Zilla Parishad file an affidavit in reply under his own signature, and not by delegating authority to any other officer, in the light of the above stated judicial pronouncements and deal with every contention set out by the Petitioners in this Petition. Affidavit in reply be filed at least 10 days prior to the returnable date.
5.
By way of ad-interim relief, we direct the Zilla Parishad, not to promote any candidate who does not have TET or CTET or Graduate plus B.Ed. Qualifications. Those having such qualifications and whose names are not involved in the TET Exam Result Scam of 2018 or 2019, as the case may be, should be considered for the promotion.
6.
List this Petition on the supplementary board."
2.
The learned Advocate appearing for the Zilla Parishad submits, on instructions, that the seniority list which is at issue, has been set aside by the Zilla Parishad, meaning thereby, that the impugned communication is set aside. The Zilla Parishad would take into account all cases as like of the Petitioners, wherein they have acquired the TET / CTET qualifications after the cut-off date, in view of the law laid down by the Hon'ble Supreme Court vide a judgment dated 1st September, 2025 in Anjuman Ishaat-E-Taleem Trust v/s. The State of Maharashtra & Ors. 2025 LiveLaw (SC) 861 (supra) and Sagar Dattatray Chorghe v/s. State of Maharashtra & Ors. (supra).
3.
In view of the above, the grievance of the Petitioners, as well as of the similarly placed employees who may not have approached this Court, is redressed, as the Zilla Parishad would now be considering their qualifications and prepare a fresh seniority list for considering them for promotions.
4.
Considering the above, this Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)