Bombay High Court
Sandip Ramdas Gaikwad And Ors vs The State Of Maharashtra Through ... on 14 December, 2022
Bench: Nitin W. Sambre, Sharmila U. Deshmukh
rsk 1 13-WP-8245-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8245 OF 2021
Sandip Ramdas Gaikwad & Ors. ...Petitioners
Vs.
The State of Maharashtra through
Principal Secretary School Education
and Sports Dept. & Ors. ...Respondents
-------
Mr. S. B. Talekar i/b Talekar & Associates for the Petitioners.
Smt. S. S. Bhende, Assistant Government Pleader for Respondent Nos.1 to 3
-State.
Mr. Vaibhav V. Ugle for Respondent No.6.
-------
CORAM : NITIN W. SAMBRE &
SHARMILA U. DESHMUKH, JJ.
DATED : 14 DECEMBER 2022.
P. C. :
Heard.
2. The challenge in this petition is to the clause (aa) of
Government Resolution dated 23/6/2017 whereby self finance schools so
also minority institutions are exempted from appointment of Shikshan
Digitally signed
by RAJESHWARI
RAJESHWARI SUBODH
Sevak, who are holding qualification of Teachers Aptitude and Intelligence
SUBODH KARVE
KARVE Date:
2022.12.16
14:48:15 +0530 Test (TAIT). It is also claimed in the petition that the Government
Resolution dated 23/6/2017 reserves 20% of the posts for the candidates
who are qualified holding D.Ed. qualification from English Medium.
rsk 2 13-WP-8245-21.doc
3. According to Mr. Talekar, said reservation of 20% is withdrawn
vide 27/6/2018 and as such the Petitioners who are holding qualification of
TAIT are non suited for the reason that the other candidates who are not
holding such qualification are required to compete with the Petitioners.
4. As far as second issue is concerned our attention is invited to
judgment of this Court at Aurangabad Bench in Writ Petition
No.8793/2018 decided on 30/4/2019 wherein the validity of Government
Resolution dated 27/6/2018 withdrawing reservation prescribed for the
candidates like the Petitioners, who are holding TAIT qualification is
challenged. According to him the said judgment can be distinguished on
certain issues.
5. He would further urge that benefits conferred vide GR dated
23/6/2017 particularly by exempting such institutes from appointment of
Shikshan Sevak holding TAIT qualification suffers from the principle of
equality as for the other institutions which are receiving grant in aid and
also are not minority institutions are required to follow rule of appointment
as regard candidates not holding TAIT qualification.
6. He would rely on the judgment of this Court in the case of
Kisan Vidya Prasarak Sanstha & Ors. vs. State of Maharashtra through its
Secretary & Ors. reported in 2022 SCC Online Bom 644, so as to
substantiate his claim.
rsk 3 13-WP-8245-21.doc
7. As the issue pertains to framing of policy, by way of indulgence
it would be appropriate in this matter to issue Rule.
8. Rule. Learned Assistant Government Pleader waives service.
Liberty to the Petitioners to approach the Court for early hearing after
summer vacation.
(SHARMILA U. DESHMUKH, J.) ( NITIN W. SAMBRE, J.)
