Bombay High Court
Vinodkumar Gunaji Wavhal vs The State Of Maharashtra And ... on 22 July, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
REVIEW APPLICATION NO. 47 OF 2021
IN
WRIT PETITION NO. 5705 OF 2020
Sheshrao Janardhan Chaudhari
and others .. Applicants
Versus
The State of Maharashtra and others .. Non Applicants
AND
REVIEW APPLICATION NO. 48 OF 2021
IN
WRIT PETITION NO. 1231 OF 2020
Archana Ramkisan Ikkar .. Applicant
Versus
The State of Maharashtra and others .. Non Applicants
WITH
REVIEW APPLICATION NO. 49 OF 2021
IN
WRIT PETITION NO. 1231 OF 2020
Vinodkumar Gunaji Wavhal .. Applicant
Versus
The State of Maharashtra and others .. Non Applicants
AND
REVIEW APPLICATION NO. 50 OF 2021
IN
WRIT PETITION NO. 2340 OF 2020
Seema Bajirao Mate .. Applicant
Versus
The State of Maharashtra and others .. Non Applicants
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Shri Tukaram M. Venjane, Advocate for the Applicants in all
matters.
Shri S. G. Karlekar, A.G.P. for Non Applicant Nos. 1 to 4 in all
matters.
Shri A. R. Nikam, Advocate for the Non Applicant No. 6 in all
matters.
Shri N. S. Tekale, Advocate for the Non Applicant No. 7 in all
matters.
CORAM : S. V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 22ND JULY, 2021.
FINAL ORDER :
. Mr. Venjane, the learned advocate for review applicants
submits that, the review applicants in all these matters had
passed the Teachers Eligibility Test (TET) examination in
December 2019, August 2020 and February 2021 respectively.
Their services need to be protected. The learned counsel refers to
the judgment dated 28.01.2020 of the Division Bench of this
Court at Principal Seat at Bombay in Writ Petition No. 747 of
2020 with other connected writ petitions. The learned counsel
submits that, in the said cases, the Division Bench had granted
protection to the services of the petitioners who had appeared for
the examination in January 2020.
2. Mr. Karlekar, the learned Assistant Government Pleader
for non applicants/State and Mr. Nikam, the learned counsel for
non applicant No. 6 submit that, the cut off date to clear the TET
examination was 31st March 2019.
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3. The applicants are seeking review of the judgment and
order of this Court dated 11.06.2021 passed in bunch of writ
petitions bearing Writ Petition No. 4904 of 2020 with other
connected writ petitions.
4. In the said judgment, we had held that the cut off date to
clear the TET examination was 31 st Mach, 2019. The Central
Government has also rejected the request of the State
Government to extend the cut off date. We had relied on the
judgment of the Apex Court in a case of State of Uttar Pradesh Vs.
Anand Kumar Yadav reported in (2018) 13 SCC 560.
5. The Division Bench of this Court in Writ Petition No. 747
of 2020 under judgment and order dated 28.01.2020 has also
observed that, the petitioners must realize that they had no right
to continue, if they fail to clear the test and they cannot dictate to
the Government or to the Court that no such tests should be held
or even after the cut off date their job should be protected if they
do not attain this qualification. The cut off date to obtain
qualification of TET as observed was 31st March, 2019.
6. In the light of that, no case for review is made out. The
review applications as such are rejected. No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
bsb/July 21
