Pooja Shyambihari Dube vs State Of Maharashtra Through The ...
2021 Latest Caselaw 2127 Bom

                     sat                                                             22. WPST 1832-2021.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION (ST) NO. 1832 OF 2021

                           Pooja Shyambihari Dube                              ...Petitioner
                                 vs.
                           The State of Maharashtra & Ors.                     ...Respondents

                           Mr.Mandar V. Limaye for Petitioner.
                           Mr.S.B. Kalel, AGP for Respondent Nos.1 and 2.
                           Mr.Ketan Dhavle for Respondent Nos.4 and 5.

                                                               CORAM : S.C. GUPTE &
                                                                       SURENDRA P. TAVADE, JJ.

                                                               DATE     : 2 FEBRUARY 2021

                           P.C. :

This petition challenges a particular observation made by Education Officer (Primary), Zilla Parishad, Thane for approval to the appointment of the Petitioner as a Shikshan Sevak. Respondent No.5 Institution, managed by Respondent No.4 Trust, is a minority institution. The requirement under Right of Children to free and Compulsory Education Act, 2009 of successful completion of Teacher Eligibility Test (TET) by a teacher appointed in a school, is not applicable to minority institutions. It is the Petitioner's case the Petitioner relies on a judgment of Aurangabad Bench of this court delivered on 17 January 2018 in the case of Nivruti s/o. Ramkrushna Sahane vs. State of Maharashtra and Ors.1

2 On these facts, let notice be issued to the Respondents for final disposal of the petition at the admission stage. Learned AGP waives service

1 WP 11251/2016 Digitally signed by Sanskruti Sanskruti A.

Thakur A.

Thakur Date:

2021.02.04

12:39:57 +0530 sat 22. WPST 1832-2021.doc

on behalf of Respondent Nos.1 and 2. Learned Counsel for Respondent Nos.4 and 5 also waives service. The notice to Respondent No.3 is made returnable on 24 February 2021. Humdast permitted. In addition to court notice, the Respondent may be served privately and an affidavit in proof of such service may be filed by the next date.

(SURENDRA P. TAVADE, J.) (S.C. GUPTE, J.)