Ku. Rekha Vishwanath Barbuddhe ... vs State Of Maharashtra, Through ...
2022 Latest Caselaw 563 Bom

18-WP-6542-19,161-19                                                                                                             1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                                     WRIT PETITION NO.6542 OF 2019

                            Rekha Vishwanath Barbuddhe and ors.
                                               -vs-
    State of Maharashtra, Thr. Secretary, Dept. of Education, Mantralaya, Mumbai and anr.
                                             WITH
                                      WRIT PETITION NO.161 OF 2019
                                             Nisha Jaikrishna Patil and anr.
                                                                -vs-
     State of Maharashtra, Thr. Secretary, Dept. of Education, Mantralaya, Mumbai and ors.
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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.


                                      Shri P. N. Shende, Advocate for petitioners.
                                      Ms N. P. Mehta, Assistant Government Pleader for respondent No.1.
                                      Shri A. Y. Kapgate, Advocate for respondent No.2 in W.P.161/2019.

                                      CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.

DATE : January 17, 2022

Writ Petition No.161/2019 The challenge raised in this writ petition is to the order passed by the Education Officer (Primary) requiring the petitioners to obtain requisite qualification by passing the Teachers' Eligibility Test in terms of Government Resolution dated 13/02/2013. The learned counsel for the petitioner seeks to rely upon judgment of the Division Bench of this Court at Aurangabad in Writ Petition No.1164 of 2015 (Anjuman Ishaat E Taleem Trust, Aurangabad and anr vs. The State of Maharashtra and ors.) decided on 08/05/2015 to contend that it is not necessary for teachers working in minority institutions to pass such examination. On this, the learned counsel for the Education Officer (Primary) has invited attention to the Government Resolution dated 24/08/2018 by which it has been clarified that it would be necessary for all primary teachers to pass the said examination. This is in view of judgment of the Division Bench in Writ Petition 18-WP-6542-19,161-19 2/2

4640/2016 (Azad Education Society, Miraj Through its President vs. The State of Maharashtra and ors.) dated 12/12/2017 holding that by requiring the staff to obtain such qualification, the rights of minority institutions are not affected. On this the learned counsel for the petitioner seeks time to address the Court.

Stand over two weeks.

(Anil L. Pansare, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:18.01.2022 11:18:49