Bombay High Court
Mr. Vikram Mohan More vs State Of Maharashtra And Ors on 18 December, 2023
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:38537-DB
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
TRUSHA
TRUSHA TUSHAR CIVIL APPELLATE JURISDICTION
TUSHAR MOHITE
MOHITE Date:
2023.12.20
16:38:33
+0530
WRIT PETITION NO.7952 OF 2022
Vikram Mohan More
Age-39, Occu - Service,
Residing at C/3, 303, Shalini Vishva
Society, Katraj, Pune
District Pune Pin 411 046. ..... Petitioner
Vs.
1. State of Maharashtra
through the Hon'ble Secretary
School and Education Department,
Mantralaya, Mumbai - 400 032.
2. The Education Officer
Secondary and Higher Secondary
Education, Pune
Yashwantrao Chavan Bhavan,
Somwar Peth, PMC - 411001.
3. Deputy Director of Education, Pune
17, Dr. Ambedkar Marg,
Opp. To Red Temple,
Pune - 411 001.
4. Saraswati Vidyalaya Union High
School & Junior College
414, Somwar Peth, Pune 411 011. ..... Respondents
Mr.Nikhil D. Waje for Petitioner.
Ms.A.A.Purav, A.G.P. for the Respondent - State
CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATED : 18th DECEMBER 2023
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ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :
1. Rule. Rule made returnable forthwith.
2. Heard the learned counsel for the parties.
3. The Petitioner came to be appointed as Shikshan Sevak at
Respondent no.5 Institution. It is stated to be a minority institution. The
Petitioner's appointment came to be duly approved initially for a period of
three years. On 31st March 2020, the approval granted was for the period
17th June 2013 to 16th June 2016. By subsequent order dated 4th
September 2020 onwards, approval was granted on the post of Assistant
Teacher. The name of the Petitioner was sought to be included in the
Shalarth Pranali. Since by the impugned communication dated 28 th
September 2021, the request in that regard was not accepted, the
Petitioner approached this court.
4. After hearing the learned Counsel for the parties and after perusing
the documents on record, we find that the Petitioner has passed the
Teacher Eligibility Test (TET) in the year 2020. The issue with regard to
the requirement of this qualification and for continuation of teachers in
minority aided or unaided institution is the matter of reference before a
larger bench. We however, find that the coordinate bench in Writ Petition
No.6894 of 2023 ( Sadaf Imamoddin Masood vs. State of Maharashtra &
Ors.) decided on 2nd November 2023 has held that once appointment of
teacher is duly approved then there is no reason not to include the name of
such teacher in the Shalarth Pranali. In that view of the matter, the
following order is passed:
a. In view of the approval granted to the Petitioner's
appointment on 4th September 2020, the name of the Petitioner is
directed to be included in the Shalarth Pranali. Necessary steps in
this regard be taken within a period of three months of receiving
copy of this order. However, the Respondents are at liberty to take
further steps in accordance with law in case the proceedings before
the Hon'ble Supreme Court or the larger bench of this Court are
decided and a view against grant of such relief to the Petitioner is
taken.
b. Rule is disposed of in aforesaid terms. No order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.)
