Madhuri Shriram Bodkhe v. The Education Officer (Primary), Zilla Parishad, Akola And Another

2026:BHC-NAG:3668-DB J-wp598.26.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No.598 OF 2026 Madhuri Shriram Bodkhe Age @ 42, Occ - Service, R/o. Anjangaon Road, Akot, Tq. Akot, Dist. Akola.

: PETITIONER ...VERSUS...

1. The Education Officer (Primary) Zilla Parishad, Akola.

2. Sant Ruplal Maharaj Shikshan Va Krida Prasarak Mandal, Amboda, Tq. Akot, Dist. Akola, Through its President/Secretary.

: RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. S.M. Vaishnav, Advocate for Petitioner.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATE : 26 th FEBRUARY, 2026.

ORAL JUDGMENT : (Per : NANDESH S. DESHPANDE, J.) 1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2.

The petition prays for quashing the communication dated 18/9/2025 passed by the respondent No.1 - Education Officer (Primary), Zilla Parishad, Akola. By way of said

J-wp598.26.odt 2/4 communication, the respondent No.2 has been informed by the respondent No.1 that since the petitioner doesn't seems to be qualified for promotion to the post of Head-Master, the said certificate of clearing TET be produced, so that the order of the School Tribunal which is in favour of the petitioner be complied with. It is the case of the petitioner that on 10/4/2013 the petitioner being duly qualified was appointed as Assistant Teacher and approval was granted. On 13/2/2017 the Management terminated the petitioner which was challenged before the Presiding Officer, School Tribunal by her by filing an Appeal bearing No.82/2025. Thereafter, vide order dated 3/8/2018, the petitioner was reinstated in service.

3.

Further the petitioner once again approached the Tribunal by filing Appeal No.29/2023 challenging the promotion to a junior teacher, namely, one Shri Shivshankar Baburao Wankhede. The said appeal also was allowed in her favour vide order/judgment dated 4/7/2025. Accordingly, in compliance to the order of the School Tribunal, the petitioner was promoted with effect from 1st August 2025 and proposal for her approval was sent on 26th August 2025.

4.

In the backdrop of these facts, the impugned communication dated 18/9/2025 is issued for directing the

J-wp598.26.odt 3/4 petitioner to produce TET certificate, failing which the approval should not be granted. As stated supra, the said communication is challenged.

5.

Learned counsel for the petitioner Mr. S.M. Vaishnav submits that during the pendency of the petition, the petitioner has cleared the TET Exam and was eligible on 3/2/2026. He further submits that accordingly she has represented to the authority on 9th February 2026. Thus, it can be seen from the record that the representation/application of the petitioner dated 9th February 2026 indicating that she has cleared the TET Exam is pending before the respondent No.1.

6.

We are, therefore, of the considered opinion that it would be in the interest of justice that the respondent No.1 is directed to decide the said communication in accordance with law and taking into consideration the fact that the petitioner has now cleared the TET Exam.

7.

In that view of the matter, writ petition is disposed of with a direction to the respondent No.1 to decide the communication dated 9th February 2026 in accordance with law as expeditiously as possible and in any case within four weeks from the date of receipt of the order.

8.

The petitioner to appear before the said authority on

J-wp598.26.odt 4/4 9th March, 2026 and appraise the authority of the order of this Court. 9.

Rule is made absolute in above terms.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 05/03/2026 18:18:33