Changdeo Babanrao Dhepale v. State Of Maharashtra Through Its Secretary School Education Department And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 961 WRIT PETITION NO. 2786 OF 2026 Changdeo Babanrao Dhepale ....Petitioner

VERSUS

State of Maharashtra & others .....Respondents .....

Mr. N. P. Ghanwat, Advocate for the Petitioner. Mr. V. M. Kagne, AGP for the State.

Mr. Shantanu Deshpande, Advocate for Respondent Nos. 2 and 3. WITH 968 WRIT PETITION NO. 1817 OF 2026 Raghunath Shankar Zaware & others ....Petitioners

VERSUS

State of Maharashtra Through & others .....Respondents .....

Mr. N. P. Ghanwat, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for the State.

Mr. Shantanu Deshpande, Advocate for Respondent Nos. 2 and 3. CORAM : SMT VIBHA KANKANWADI & HITEN S VENEGAVKAR, JJ.

DATE : 13th MARCH, 2026.

PER COURT :

1.

Issue notice to Respondents in Writ Petition No. 2786/2026. Learned AGP waives service of notice on behalf of the State. Learned

- 2 - Advocate Mr. Deshpande waives service on behalf of Respondent Nos. 2 and 3.

2.

Learned Advocate for Respondent Nos. 2 and 3 places on record a list of promotion for the post of Head Master. It is taken on record by marking Exhibit 'X'. It is stated that today itself, the said list has been published. He also submits that as regards the promotion for the post of graduate teachers, the list is not yet published and it would be published within a day or two. Upon instructions, he also makes a statement that in all 10000 teachers would be affected. Even if, the Petitioners clear TET examination, then they can be considered and it will not affect their seniority as such. 3.

The fact remains is that as on today, the Petitioners have not cleared TET examination which is compulsory in view of Anjuman Ishaat-E-Taleem Trust vs. the State of Maharashtra & others, 2025 LiveLaw (SC) 861 and only those teachers who would clear TET examination would be entitled for the promotion. Upon query, it was informed that the process of promotion now undertaken is for the year 2025-2026. The learned Advocate for the Petitioners submits that the Petitioners have appeared for TET examination and their results are awaited. In such circumstances, as regards the

- 3 - promotion for the post of Head Master is concerned, already the list has been published. Hence, we will not grant any interim but it would be then subject to the outcome of the petition. However, as regards declaration of finalisation of the promotion for the graduate teachers, we direct Respondent Nos. 2 and 3 not to publish the list till the next date.

4.

Respondents to file affidavit-in-reply within two weeks. Copy of the same be given to the other side in advance. 5.

Place the matters for further consideration on 10.04.2026. ( HITEN S. VENEGAVKAR ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE dyb