State Of Maharashtra, Through The ... vs Ku. Preeti Keshrimal Bhati
2021 Latest Caselaw 1875 Bom

                                                                            902- review appliation 86 of 21.odt
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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                     REVIEW APPLICATION (CAO) NO. 86 OF 2021
                                         IN
                          WRIT PETITION NO.2039 OF 2018 (d)

                                           State of Maharashtra and ors.
                                                             -Vs-
                                               Preeti Keshrimal Bhati
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Ms.H.N.Jaipurkar, APP for applicants.



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

DATE : 28.01.2021.

1. The State is seeking review of the judgment rendered by this Court on 27.02.2019 on the ground that a Division Bench at Principal Seat at Mumbai, after passing of the judgment by this Court on 27.02.2019, took a different view. The judgment rendered in the year 2020 or to be precised on 28.01.2020 by a Division Bench at Principal Seat at Mumbai is in a bunch of Writ Petitions starting with Writ Petition no.747 of 2020 [ Ganesh Krushana Sutar and ors. Vs. State of Maharashtra and others ] in which, the Division Bench has taken a view that teachers' eligibility test is applicable to the minority institutions and TET is compulsory for getting approval to the appointment of any teacher. However, way back in the year, 2015 or to be precise by the judgment rendered on 08.05.2015, the judgment sought to be reviewed now, was rendered on 27.02.2019 and it was based upon a view taken by a another Division Bench of this

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902- review appliation 86 of 21.odt

Court at Aurangabad in the judgment dated 08.05.2015 delivered in Writ Petition No.1164 of 2015, Anjuman Ishaat E Taleem Trust, Aurangabad and anr. Vs. State of Maharashtra and others. The view of Aurangabad Bench was that criteria of clearance of TET was not applicable to an institute run by any minority group. It appears to us that the judgment dated 08.05.2015 passed in Writ Petition No.1164 of 2015 by a Division Bench at Aurangabad, still holds with, as it has not been set aside by the Apex Court or has not been recalled in exercise of power of review by the Aurangabad Bench. However, before we record a finding in this regard, it would be necessary for the State to place on record, relevant facts in respect of any efforts of the State in seeking review of the judgment dated 08.05.2015 given in Writ Petition no. 1164 of 2015 by Aurangabad Bench and the order passed in that regard by Aurangabad Bench, if any. If the State has not sought review of the said judgment given by Aurangabad Bench, it would be difficult for the State to justify its case for review of the judgment dated 27.02.2019, there being no error apparent on the face of the record.

2. Learned AGP to place on record all these facts by filing an additional affidavit.

                              JUDGE                             JUDGE




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