Baig Wasim Akram Zakir Baig vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 3410 Bom

Bombay High Court

Baig Wasim Akram Zakir Baig vs The State Of Maharashtra Through Its ... on 5 February, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:2766-DB



                                                   (1)                      11 wp 14977.23

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                11 WRIT PETITION NO. 14977 OF 2023

                                BAIG WASIM AKRAM ZAKIR BAIG
                                          VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

                                                    ...
                       Advocate for the Petitioner : Mr. M.N. Shaikh h/f. Kazi S.S.
                            AGP for Respondents/State : Mr. P.K. Lakhotiya
                                   Advocate for R/3 : Mr. R.K. Ingole
                                                    ...

                                            CORAM :      RAVINDRA V. GHUGE &
                                                         Y.G. KHOBRAGADE, JJ.

                                            DATE     :   6th February, 2024

           P.C. :-

1. The Petitioner makes a solemn statement that he is not involved in

the TET exam scam result. He has acquired B.A. and B.ed qualification which

is sufficient to seek inclusion of his name in the Shalarth Pranali / ID though he

has not passed the TET.

2. The learned advocate representing the Zilla Parishad has strongly

opposed this petition contending that the Petitioner is not TET qualified. He

cannot be considered for the benefits under the Shalarth ID.

3. This Court has taken a view vide a detailed order dated

26.09.2022 in Writ Petition No.9587/2022 at Aurangabad Bench. Moreover, (2) 11 wp 14977.23

the issue as to whether TET would be compulsory to all institutions, including

the minority institutions, is pending adjudication before the Hon'ble Supreme

Court.

4. In view of the above, it would be appropriate for this Court to pass

an equitable order while granting relief to the Petitioner, by directing the

Petitioner to tender an affidavit undertaking that if the Hon'ble Supreme Court

ultimately takes a view which would affect the Petitioner adversely by the

conclusion that TET is applicable even to minority institutions, the Petitioner

would relinquish all service benefits.

5. In view of the above, this petition is disposed off with the following

directions:

a) The Petitioner shall file an affidavit undertaking with the employer and a

copy to the Respondent No.3-Education Officer, on or before 29.02.2024,

declaring therein that if the Hon'ble Supreme Court comes to a conclusion

which is adverse to the Petitioner, the Petitioner would relinquish all service

benefits and quit employment.

b) If the Petitioner is protected by the Hon'ble Supreme Court, needles to

state, he would be entitled for all service benefits.

                                       (3)                       11 wp 14977.23

c)    On the condition of filing an affidavit undertaking, the Petitioner's name

shall be included in the Shalarth ID within 15 days from the date of the filing of

the affidavit and he would be entitled for further service benefits. Arrears if

any, shall be kept on hold to be considered after the Hon'ble Supreme Court

delivers its judgment.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]

mub