wp.311.17
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 311/2017
1) Sachin Laxmanrao Pare Aged about 30 years, occu: service R/o Ganesh Nagar, Anjangaon, Dist.Amravati.
2) Ankush s/o Ramdasrao Barobde
Aged about 27 years, occu: service
R/o Chincholi Tah.Anjangaon
Dist. Amravati.
3) Rajesh s/o Jagannathrao Mahalle
Aged about 32 years, occu: service
R/o Ravi nagar, Daryapur Road,
Akot, Tah. Akot. Dist.Akola. ..PETITIONERS
v e r s u s
1) State of Maharashtra
Through the Secretary
Department of School Education
Mantralaya, Mumbai-32.
2) Deputy Director of Secondary Education
Amravati Dist. Amravati.
3) Education Officer (Primary)
Zilla Parishad, Amravati.
4) Rahul Vyayam Prasarak Mandal
Bhumiputra Colony
Through its Chairman
Shri Jaykumar Abhyankar, Amravati.
::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:35:16 :::
wp.311.17
2
5) Matoshree Jaywantabai Abhyankar
Primary Marathi School,
Sainagar, Paratwada Dist.Amravati
Through its headmaster. ...RESPONDENTS
...........................................................................................................................
Mrs.T.D. Khade, Advocate for the petitioners Miss N.P. Mehta, Assistant Government Pleader for Respondents 1 and 2 Shri J.B. Kasat, Advocate for Respondent no.3 Shri G.G.Mishra, Advocate for Respondent nos. 4 and 5 ...........................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS . SWAPNA JOSHI, JJ
.
DATED : 2 May, 2017
nd
ORAL JUDGMENT: (PER SMT. VASANTI A. NAIK, J.) Rule. Rule made returnable forthwith. The Writ petition is heard finally at the stage of admission, with the consent of the learned counsel for the parties.
By this Writ Petition, the petitioners seek a direction against the respondent no.3-Education Officer (Primary), Zilla Parishad, Amravati to grant approval to the appointment of the petitioners.
The petitioners were appointed as Assistant Teachers in the respondent no.5-School, run by the respondent no.4-society, in the year 2014. The proposal for grant of approval to the appointment of the petitioners was sent by the Management to the Education Officer (Primary). The Education Officer ::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:35:16 ::: wp.311.17 3 (Primary) has, however, refused to grant approval on the ground that the petitioners had not passed Teacher Eligibility Test ('TET').
Mrs.Khade, the learned counsel for the petitioners states that the respondent no.4-Institution is a minority institution and it would not be necessary for the minority institution to appoint teachers that have passed TET. It is stated that the Aurangabad Bench of this Court has, by the order dated 8th May 2015, quashed and set aside a similar order of the Education Officer (Primary) refusing to grant approval to the appointment of the Assistant Teachers in minority institution, solely on the ground that the concerned teachers had not passed the TET. It is submitted that in view of the said decision, it would be necessary for the Education Officer to grant approval to the appointment of the petitioner as Assistant Teacher.
On hearing the learned counsel for the parties and on a perusal of the order dated 8th May 2015 in Writ Petition No.1164/2015, it appears that the Education Officer could not have refused to grant approval on the ground that the petitioners had not passed the TET. There is no dispute that the respondent no.4 is a minority institution that runs the respondent no.5- School. If that is so, the judgment dated 8th May 2015 in Writ Petition No. 1164/2015 would be clearly applicable to the case in hand and it would be necessary to quash and set aside the order of the Education Officer (Primary) rejecting the proposal on the ground that the petitioners had not passed the ::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:35:16 ::: wp.311.17 4 TET.
Hence, for the reasons aforesaid and also for the reasons recorded in the order dated 8th May 2015 in Writ Petition No.1164/2015, the Writ Petition is allowed. The Education Officer (Primary) is directed to grant approval to the appointment of the petitioners as Assistant Teacher, if they are otherwise qualified to hold the post.
Rule is made absolute in the aforesaid terms, with no order as to costs.
JUDGE JUDGE
sahare
::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:35:16 :::