Bombay High Court
Sohail Ahmed Ansari Khaleel Ahmed vs State Of Maharashtra, Thr. Education ... on 9 April, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:3760-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4530 OF 2024
Sohail Ahmed Ansari Khaleel Ahmed,
Aged about 32 yrs, Occ. Service,
R/o. Millat Nagar, Anjangaon Road,
Akot, District Akola ...... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through Education and Sports Department,
Mantralaya, Mumbai 400 032
2. Municipal Council, Daryapur,
District Amravati,
through its Chief Officer,
3. The Education Officer (Primary),
Zilla Parishad, Amravati
4. Maharashtra State Council of
Examination, Pune, through its
Commissioner, Dr. Babasaheb Ambedkar
Road, Camp Pune - 01
5. Directorate of Education (Primary),
Maharashtra State,
Central Building 1st Floor,
Dr Annie Besant Road, Pune City,
Pune 411 002
6. Commissioner for Education,
Maharashtra State Pune - 01 ....RESPONDENTS
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Mr. R.D. Karode, Advocate for Petitioner.
Mr. A.A. Madiwale, AGP, for respondent Nos.1 & 6/State.
Mr. R.J. Kankale, Advocate for respondent No. 2.
Mr. P.B. Patil, Advocate for respondent No. 4.
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CORAM:- AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.
DATE : 09.04.2025
JUDGMENT (Per : Abhay J. Mantri, J.)
Heard finally with the consent of the learned Advocate for
the parties.
2. The petitioner challenges the orders dated 23.07.2024 and
25.07.2024, issued by respondent No. 2, the Municipal Council,
Daryapur, which terminated the petitioner's service for violating
Condition No. 13 of the appointment order and cancelled the
appointment order with immediate effect.
3. Pursuant to the notification dated 07.11.2019, the
petitioner passed the Maharashtra Teacher Eligibility Test (for short, '
MAHATET') examination of 2019. He has also passed the Teachers
Aptitude and Intelligence Test (for short, ' TAIT'). Accordingly, he was
selected as a Shikshan Sevak for a period of three years, subject to the
terms and conditions outlined in the appointment order. Accordingly,
in view of the order dated 15.03.2024, he resumed his duty at Shahid
A. Hamid MU Urdu Boys School No. 11.
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4. Respondent No. 4, the Maharashtra State Council of
Examination, Pune, vide its communication dated 22.03.2024,
requested respondent No. 2 to verify the character of the Shikshan
Sevak, i.e., the petitioner, in relation to Crime Nos. 56/2021 and
58/2021 which have been registered against the teachers involved in
the scam of the Shikshan Sevak examination, and offences have been
registered against them. Pursuant to the aforementioned
communication, respondent No. 2 sought a character certificate from
the Cyber Cell, Pune, regarding the petitioner's involvement in the
aforementioned crimes. The Cyber Cell, in its report dated
11.07.2024, has categorically recorded the petitioner's involvement in
Crime No. 56/2021. As a result, the petitioner's services were
terminated, and the appointment order was cancelled with immediate
effect vide orders dated 23.07.2024 and 25.07.2024. Despite the
petitioner's communication to the Cyber Cell, Pune, there was no
response; hence, the petitioner has filed this petition.
5. Mr. Karode, the learned Counsel for the petitioner,
vehemently contended that the petitioner has no concern with the
registration of the offences, vide Crime Nos. 56/2021 and 58/2021.
Accordingly, the petitioner has obtained information under the Right to
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Information Act (for short, ' RTI Act') from Sr. Police Inspector, Cyber
Cell, Pune. The learned Counsel has drawn our attention to the said
information and submitted that the petitioner has not been arrayed as
an accused in the said crimes up to the time the information was
provided, and therefore, he has urged that the petition be allowed.
6. It is pertinent to note that, despite being afforded the
opportunity, respondents failed to file a reply to the petition. During
the pendency of the petition, the petitioner filed an additional
affidavit, submitting the information received under the RTI Act, to
demonstrate that he is not involved in the said crimes. Mr. Madiwale,
the learned AGP, has gone through the information received by the
applicant under the RTI Act. He has not disputed this, but rather
submitted that if, in the future, the petitioner's involvement in the
aforementioned crimes is found, liberty may be granted to take the
necessary steps and prayed for the passing of the appropriate order.
7. At the outset, it appears that, based on the information
received from the Cyber Cell, Pune, respondent No. 2 terminated the
petitioner's services on the ground of violating Condition No. 13 of the
appointment order. However, a bare perusal of the information
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received under the RTI indicates that the petitioner has not been
arrayed as an accused in the criminal proceedings arising from Crime
Nos. 56/2021 and 58/2021; therefore, it does not impede
consideration of the petitioner for the appointment to the post of
Shikshan Sevak.
In view of this, we allow the petition by setting aside the
impugned orders dated 23.7.2024 and 25.7.2024 and direct
reinstatement to the post of Shikshan Sevak provided there are no
other impediments in law. Needless to clarify that liberty is granted to
respondents No. 2 and 3 to take necessary action against the petitioner,
if, in the future, it is found that he is involved in the aforementioned
crime(s). The petition is disposed of in the above terms.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
Belkhede
Signed by: Mr. R. S. Belkhede
Designation: PA To Honourable Judge
Date: 09/04/2025 15:45:32
