Bombay High Court
Nivrutti Bhausaheb Pawar And Ors vs Union Of India Aykar Bhawan And Ors on 11 December, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-AS:37200-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12628 OF 2023
1. Priya Ashokrao Nikam ]
2. Rajaneekant Ashokrao Deshmukh ]
3. Sagar Abhiman Sawant ]
4. Ujjvala Kadu Dhondge ]
5. Rajendra Rajaram Shirole ]
6. Kanchan Dadaji Bhamare ]
7. Sagar Prakash Waghmare ]
8. Nilesh Pandurang Suryawanshi ]
9. Amrapali Sunil Jadhav ]
10. Bagule Govardhan Rajendra ]
11. Sandip Madhukar Patil ]
12. Janardan Rangnath Gaikwad ] .. Petitioners
Versus
1. Union of India, Aykar Bhawan, Mumbai. ]
2. The State of Maharashtra, Dept. of Education & Sports ]
3. The Commissioner, Maharashtra State Examination Council ]
4. Director (Secondary), Div. Commissioner Office, Pune ]
5. Director (Primary), Div. Commissioner Office, Pune ]
6. Dy. Director, Zilla Parishad, Nashik ]
7. Dy. Director, Zilla Parishad, Pune ]
8. The Education Officer (Secondary), Zilla Parishad, Nashik ]
9. The Education Officer (Primary), Zilla Parishad, Nashik ]
10. The Education Officer (Secondary), Zilla Parishad, Solapur ]
11. The Education Officer (Secondary), Zilla Parishad, Jalgaon ]
12. The Education Officer (Primary), Zilla Parishad, Dhule ]
13. Administrative Officer (Primary), Mun. Corpn., Nashik ]
14. Chairman/Secretary, Shri Chatrapati Shivaji Shikshan ]
Sanstha, Malegaon, Nashik ]
15. Chairman/Secretary, Maratha Vidyaprasarak Samaj ]
Nashik. ]
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16. Chairman/Secretary, Bhausaheb Hire Smarnika Samiti ]
Trust, Malegaon Camp, Nashik. ]
17. Chairman/Secretary, Ekta Education Society Primary ]
School, Deola, Nashik. ]
18. Chairman/Secretary, Vidhya Vikas Prashala Primary ]
School, Takli, Pandharpur, Solapur ]
19. Chairman/Secretary, Gajanan Madhyamik Vidyalay, ]
Rajwad, Parola, Jalgaon. ]
20. Chairman/Secretary, Saraswati Mata Shikshan Prasarak ]
Sanstha, Sakri, Dhule. ]
21. Chairman/Secretary, Adarsh Prathamik Vidya Mandir ]
Makhamalabad, Nashik ] .. Respondents
ALONG WITH
WRIT PETITION NO.12632 OF 2023
1. Shilpa Chandrakant Ushir ]
2. Manisha Deoba Sonawane ]
3. Rohini Dadasaheb Kapadnis ]
4. Suvarna Nanaji Kapadnis ]
5. Nandkishor Eknath Sawkar ] .. Petitioners
Versus
1. Union of India, Aykar Bhawan, Mumbai. ]
2. The State of Maharashtra, Dept. of Education & Sports ]
3. The Commissioner, Maharashtra State Examination Council ]
4. Director (Primary), Div. Commissioner Office, Pune ]
5. Dy. Director (Primary), Zilla Parishad, Nashik ]
6. The Education Officer (Primary), Zilla Parishad, Nashik ]
7. The Education Officer, Municipal Corporation, Nashik ]
8. Chairman/Secretary, Abhinav Balvikas Mandir, Kalwan ]
(Nakode), Kalwan, Nashik. ]
9. Chairman/Secretary, Abhinav Balvikas Mandir, ]
Indiranagar, Nashik. ] .. Respondents
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ALONG WITH
WRIT PETITION NO.12633 OF 2023
1. Nivrutti Bhausaheb Pawar ]
2. Vaibhav Surendra Patil ]
3. Deore Megha Ramdas ]
4. Deore Triveni Tukaram ] .. Petitioners
Versus
1. Union of India, Aykar Bhawan, Mumbai. ]
2. The State of Maharashtra, Dept. of Education & Sports ]
3. Director (Primary), Div. Commissioner Office, Pune ]
4. Dy. Director (Primary), Zilla Parishad, Nashik ]
5. The Education Officer (Primary), Zilla Parishad, Nashik ]
6. Chairman/Secretary, Thakubai Shankar Deore ]
Sewabhavi Sanstha, Malegaon, Nashik. ] .. Respondents
ALONG WITH
WRIT PETITION NO.12637 OF 2023
1. Nilesh Vasant Aher ]
2. Yogesh Chotu Patil ] .. Petitioners
Versus
1. Union of India, Aykar Bhawan, Mumbai. ]
2. The State of Maharashtra, Dept. of Education & Sports ]
3. Dy. Director (Education), ]
Divisional Commissioner Office, Nashik. ]
4. The Education Officer (Primary), Zilla Parishad, Nashik ]
5. Administrative Officer, Municipal Corporation, Nashik ]
6. The Superintendent (Primary), ]
Pay Department, Zilla Parishad, Nashik ]
7. Chairman/Secretary, Swami Vivekanand Prathamik ]
Vidhyalay, Morwadi, Nashik ]
8. Chairman/Secretary, ]
Janata Sewa Mandal Panchavati Prathmik Vidhyalay, ]
Panchavati, Nashik ] .. Respondents
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Mr. Sanjeev Kumar B. Deore, with Ms. Suchita J. Pawar, for the Petitioners in all
the Petitions.
Mr. N.C. Walimbe, Addl. G.P., with Mr. V.M. Mali, Mr. S.B. Kalel and Mr. S.L.
Babar, AGPs, for the Respondent-State.
CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 11TH DECEMBER, 2023.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. RULE. Rule made returnable forthwith and heard learned counsel for the
parties.
2. Each petitioner claims to have cleared the Teachers' Eligibility Test - TET
after 31st March 2019. For this reason, their names have not been entered in the
"Shalarth-ID" and their salary in that regard is not being released.
3. On hearing the learned counsel for the parties, we find that a similar
issue has been considered and decided in Writ Petition No.11121 of 2023
(Dattatry Devidas Sonwale and Anr. Vs. The State of Maharashtra, Through it's
Principal Secretary and Ors.) decided on 7th September 2023 at Aurangabad
Bench. We find that the interest of justice would be served by issuing similar
directions as issued in that order. Accordingly, for the reasons recorded in the
said order dated 7th September 2023, all these Writ Petitions are disposed of
with the following directions :-
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(i) The petitioners would tender an undertaking that they
would abide by the conclusions that would be drawn by
the Hon'ble Supreme Court and if the verdict is adverse to
those teachers, who do not have the TET qualification or
have cleared the TET after 31 st March 2019, or, as the case
may be, they would abide by the same without raising any
cause of action.
(ii) Let such affidavit-of-undertaking be filed in this Court
within 15 days from today and a copy thereof be tendered
to the concerned Education Officer within the same
timeline.
(iii) Considering the above, the proposals of the petitioners
would be considered for entering their names in the
"Shalarth-ID" on their own merits, save and except for the
reason that they are not TET qualified. Needless to state,
the proposals would be decided within 30 days after
submissions of the undertakings.
(iv) If an adverse order is passed by the Hon'ble Supreme
Court, by which the teachers are covered by clause (i), the
State Government would not recover the salaries already
paid to them since they have worked for those tenures and
they have earned their salaries by performing their duties.
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(v) In the event the candidates like the petitioners are
protected by the Hon'ble Supreme Court's conclusions and
they are held to be qualified to continue in employment,
they would be entitled for all service benefits like
promotions, increments etc.
4. Rule is disposed of in the aforesaid terms with no order as to costs.
[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]
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