State Of Maharashtra, Through The ... vs Ku. Preeti Keshrimal Bhati
2021 Latest Caselaw 3222 Bom

                                                                    (1)                                                                902.CAO.86.2021

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH : NAGPUR

                                 CIVIL APPLICATION (CAO) NO.86 OF 2021
                                                   IN
                               REVIEW APPLICATION STAMP NO.1060 OF 2021
                                                   IN
                                    WRIT PETITION NO.2039 OF 2018(D)
   State of Maharashtra through the Secretary, Department of School Education, Mantralaya,
                                   Mumbai - 32 and others.
                                              Vs.
                                  Ku. Preeti Keshrimal Bhati.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Miss. H. N. Jaipurkar, AGP for petitioners/State.


                                                                       CORAM : SUNIL B. SHUKRE AND
                                                                               AVINASH G. GHAROTE, JJ.

DATED : 18/02/2021

1. Heard.

2. Miss. Jaipurkar, learned AGP for the petitioners.

3. Issue notice for final disposal to the respondent.

4. By an order passed on 28.01.2021, we had sought to know from the State as to whether or not the State has preferred an application seeking review of the judgment of the Aurangabad Bench passed in Writ Petition No.1164 of 2015, Anjuman Ishaat E Taleem

(2) 902.CAO.86.2021

Trust, Aurangabad and anr. Vs. State of Maharashtra and others.

5. Today, the learned AGP has tendered before us a copy of the judgment dated 01.03.2019 passed in Writ Petition No.13770 of 2018, Burhani National Education Society, through its Secretary and Anr Vs. State of Maharashtra and Ors. with connected writ petitions, wherein Aurangabad Bench has found that its judgment in Writ Petition No.1164 of 2015 and also in Writ Petition No.4552 of 2016 are contrary to the view taken by the Division Bench at Principal Seat Writ Petition No.4640 of 2016, decided on 12.12.2017 and therefore, by framing a question, "Whether the Teachers Eligibility Test (TET) qualification is necessary for the appointment so also for continuation of the teachers in minority aided or unaided institutions?" has referred the matter for answering the question to the Larger Bench.

6. In view of above, let the petition be listed on Board for final hearing after the reference is answered with liberty to the petitioner to mention the matter for early circulation, if necessary.

                                     JUDGE                            JUDGE

     Sarkate