Bombay High Court
Saify School Managing Committee, ... vs State Of Maha., Thr. Secretary, ... on 2 February, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1350-DB
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FIN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1684/2023
1. Saify School Managing Committee,
Khamgaon, Jalalpura, Jagdamba
Road, Tah. Khamgaon, District-
Buldhana, through its Secretary.
2. Saify Urdu Upper Primary School,
Khamgaon, District- Buldhana,
through its Head Master.
3. Mohd. Juned Moh. Fayyaz,
Aged about years, Occ: Service,
4. Sumera Parvez Sayyad Shakil Parvez
Aged about years, Occ: Service,
5. Mohd. Aaquib Mohd. Zamin
Aged about years, occ: Service,
(matter is dismissed against petitioner
Nos.4 and 5 as per Court's order
dated 10/01/2024)
6. Mohd. Nadimoddin s/o Mohd.
Shakiloddin, Aged about years,
Occupation: Service,
Nos.3 to 6 C/o. Saify Urdu Upper
Primary School, Khamgaon,
District- Buldhana.
....PETITIONERS
...VERSUS...
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1. State of Maharashtra,
Through its Secretary, Education
and Sport Department, Mantralaya,
Mumbai-32.
2. The Education Officer (Primary)
Zilla Parishad, Buldhana,
District -Buldhana.
3. Maharashtra State Council of
Examination, Near Red Temple,
Pune-01, through its Commissioner.
4. Directorate of Education (Primary),
Maharashtra State, Dr. Annie Bezant
Road, Central Building, Pune-01.
...RESPONDENTS
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Shri R.D. Karode, Advocate for petitioner
Shri N.S. Autkar, AGP for respondent Nos.1 and 4
Ms S.S. Jachak, Advocate for respondent No.2
Shri N.Z. Mirza, Advocate for intervenor
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ..
DATE OF RESERVING THE JUDGMENT: 23/01/2024
DATE OF PRONOUNCING THE JUDGMENT: 02/02/2024
JUDGMENT (PER SMT. M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith. Heard finally by
consent of learned Counsel for the respective parties.
2. The petitioner No.1 is minority educational institution
and run the petitioner No.2 -School. The petitioner Nos.1 and 2
have published the advertisement in daily Lokmat and petitioner
Nos.3 to 6 are appointed as Shikshan Sevak and Assistant Teacher
by following due procedure. The proposal was forwarded to the
respondent No.2- Education Officer for grant of approval to the
appointments of petitioner Nos.3 to 6.
3. The respondent No.2 - Education Officer rejected the
proposal on the ground that the petitioners have not passed the
T.E.T. Examination and there is a ban imposed by the State
Government vide Government Resolution dated 04/05/2020. The
respondent No.4- Directorate of Education has issued
communication to all the education Officers stated therein that in
view of the pendency of SLP, the teachers appointed in minority
education institution shall be exempted from passing T.E.T.
examination. The State Government has lifted the ban imposed on
recruitment on account of Covid-19 Pandemic.
4. During the pendency of this petition, the petitioner Nos.4
and 5 have tendered their resignation. As such, petition came to be
dismissed vis-a-vis the petitioner Nos.4 and 5. The petitioner No.3
has passed T.E.T. examination but his performance that T.E.T.
examination is cancelled by order dated 03/08/2022.
5. This Court in Writ Petition No.12258/2023 (Aurangabad
Bench) directed the petitioner therein to tender an affidavit
undertaking in the Court as well as copies to the Education Officer
and Management, stating therein that, if the Hon'ble Supreme
Court concludes that, the T.E.T. qualification is mandatory even to
minority institution and the petitioner's appointment would be
deemed to be illegal, they are willing to face the consequences.
Accordingly, the affidavit is taken on record and marked as "X"
for identification.
6. As such, the petitioners are granted approval to their
appointment subject to the decision in the matter pending before
the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary
No.17702/2021. The writ petition stands disposed of accordingly.
7. Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 02/02/2024 18:16:29
