Bombay High Court
Avida Gorak Munde vs The State Of Maharashtra Through Its ... on 29 April, 2025
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2025:BHC-AUG:12487-DB
WP-2282-2025 & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2282 OF 2025
1. Dnyaneshwar S/o Vishnu Devkate,
Age 32 years, Occ. Nil,
R/o Samba, Sumbha,
Dharashiv, Dist. Dharashiv. ... Petitioner
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 400 032.
2. Director of Education (Primary)
Directorate of Primary Education,
Dr. Annie Besant Road,
Central Building, Pune - 411 011.
3. Maharashtra State Council of Examinations,
Through its Deputy Commissioner &
Member Secretary,
17, Dr. Ambedkar Marg,
Near Lal temple, Pune-01.
4. The Commissioner of Education, ... Respondents
Maharashtra State Pune.
...
• Mr. S.S. Thombre, Advocate h/f. Mr. A. V. Thombre,
Advocate for the Petitioner
• Ms. P. J. Bharad, AGP for Respondent Nos. 1, 2 and 4
• Mr. Anup R. Nikam, Advocate for Respondent No. 3
...
AND
WRIT PETITION NO. 2284 OF 2025
1. Bajarang S/o Suresh Gholap,
Age 27 years, Occu. Nil,
R/o Pimpalwadi, Post Sakat,
Tq. Jamkhed, Dist. Ahmednagar. ... Petitioner
VERSUS
1/20
WP-2282-2025 & Ors.
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 400 032.
2. Director of Education (Primary)
Directorate of Primary Education,
Dr. Annie Besant Road,
Central Building, Pune - 411 011.
3. Maharashtra State Council of Examinations,
Through its Deputy Commissioner &
Member Secretary,
17, Dr. Ambedkar Marg,
Near Lal temple, Pune-01.
4. The Commissioner of Education, ... Respondents
Maharashtra State Pune.
...
• Mr. S.S. Thombre, Advocate h/f. Mr. A. V. Thombre,
Advocate for the Petitioner
• Ms. P. J. Bharad, AGP for Respondent Nos. 1, 2 and 4
• Mr. Anup R. Nikam, Advocate for Respondent No. 3
...
AND
WRIT PETITION NO. 3705 OF 2025
1. Avida Gorak Munde
Age : 32 years, Occu : Household,
R/o : Bhavanwadi, Post Shivni,
Taluka and District Beed ... Petitioner
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 400 032.
2. The Commissioner of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary), ... Respondents
Zilla Parishad, Beed
...
2/20
WP-2282-2025 & Ors.
• Mr. S. S. Jadhavar, Advocate for the Petitioner.
• Ms. D. S. Jape, AGP for Respondent Nos. 1 and 2.
• Mr. S. R. Shirsath, Advocate for Respondent No. 3
...
AND
WRIT PETITION NO. 10821 OF 2024
1. Deepak S/o Gautam Nade,
Age : 34 Yrs., Occu. Nil.
R/o At Post Ansurda,
Tq. and Dist. Dharashiv.
2. Sow. Bhagyashri Bhagwat Suryawanshi,
Age : 29 Yrs., Occu. Nil
R/o At Post Chikhali, Tq. and Dist. Dharashiv
3. Deepali Sopanrao Patil,
Age : 30 Yrs., Occu. Nil.
R/o At post Lohara,
Tq. Udgir, Dist. Latur.
4. Vishal S/o Subhash Aadhegaonkar,
Age : 35 Yrs., Occu. Nil.
R/o At present Plot No. 30,
Bajarang Nagar, Cambridge Chowk,
Chhatrapati Sambhajinagar.
5. Sanshya Rakesh Salunke,
Age : 30 Yrs., Occu. Nil.
R/o at present Vinay Colony,
Plot No.82 Near Mahalaxmi Chowk, Jalna.
6. Sheetal Sachin Ghorpade,
Age : 34 Yrs., Occu. Nil.
R/o At present Hingni Khurd,
Post Hingni (Bk), Tq. 7 Dist. Beed.
7. Akshay S/o Indradev Kumbhalkar,
Age : 29 Yrs., Occu : Nil.
R/o At present APURVA Opp to Bhagyanagar
Nathpurav, Itkheda,
Chhatrapati Sambhajinagar.
8. Neelam Sachin Kayastha,
Age : 38 Yrs., Occu. Nil.
R/o At present R/o Khivansara Woods,
Ulkanagari, Chhatrapati Sambhajinagar.
3/20
WP-2282-2025 & Ors.
9. Aboli Yogesh Shinde,
Age : 32 Yrs., Occu. Nil.
R/o at present Plot No. 1 Mahajan Colony,
Jalna Road, Chhatrapati Sambhajinagar.
10. Punam Vaibhav Shilimakar,
Age : 29 Yrs., Occu. Nil.
R/o at present Sayali Housing Society,
Bajajnagar MIDC Waluj,
Chhatrapati Sambhajingar.
11. Navnath Subhash Thorat,
Age : 34 Yrs., Occu. Nil.
R/o At post Ekrukhe,
Tq. Rahata, Dist. Ahmednagar. ... Petitioners
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 400 032.
2. Director of Education (Primary)
Directorate of Primary Education,
Dr. Annie Besant Road,
Central Building, Pune - 411 001.
3. Maharashtra State Council of Examinations,
Through its Deputy Commissioner &
Member Secretary,
17, Dr. Ambedkar Marg,
Near Lal temple, Pune-01.
4. The Commissioner of Education,
Maharashtra State Pune. ... Respondents
...
WITH
CIVIL APPLICATION (STAMP) NO. 12944 OF 2025
1. Arjun s/o Mangilal Rathod
Age : 31 years, Occu: Nil,
R/o Takali, Tq. Khultabad,
Dist. Chhatrapati Sambhajinagar
4/20
WP-2282-2025 & Ors.
2. Ketan s/o Chandrakant Dhote
Age : 36 years, Occu : Nil,
R/o Khadki Bazar, Nanded. ... Applicants
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai)
2. Director of Education (Primary),
Directorate of Primary Education, Pune.
3. Maharashtra State Council of Examinations, Pune
4. Commissioner of Education,
Maharashtra State, Pune.
5. Deepak S/o Gautam Nade,
Age : 34 Yrs., Occu. Nil.
R/o At Post Ansurda, Tq. and Dist. Dharashiv.
6. Sow. Bhagyashri Bhagwat Suryawanshi,
Age : 29 Yrs., Occu. Nil
R/o At Post Chikhali, Tq. and Dist. Dharashiv
7. Deepali Sopanrao Pati,
Age : 30 Yrs., Occu. Nil.
R/o At post Lohara, Tq. Udgir, Dist. Latur.
8. Vishal S/o Subhash Aadhegaonkar,
Age : 25 Yrs., Occu. Nil.
R/o Patkulu, Tq. Mohol, Dist. Solapur.
9. Sanshya Rakesh Salunke,
Age : 30 Yrs., Occu. Nil.
R/o Flat No. 1006, L-19,
Khargar, Navi Mumbai
10. Sheetal Sachin Ghorpade,
Age : 34 Yrs., Occu. Nil.
R/o Matyapur, Tq. & Dist. Satara
11. Akshay S/o Indradev Kumbhalkar,
Age : 29 Yrs., Occu : Nil.
R/o Pardi, Tq. Ghatanji, Dist. Yavatmal.
12. Neelam Sachin Kayastha,
Age : 38 Yrs., Occu. Nil.
R/o Ganesh nagar, Niphad, Dist. Nashik.
5/20
WP-2282-2025 & Ors.
13. Aboli Yogesh Shinde,
Age : 32 Yrs., Occu. Nil.
R/o Manchar, Tq. Ambegaon, Dist. Pune.
14. Punam Vaibhav Shilimakar,
Age : 29 Yrs., Occu. Nil. (R-5 to 15
R/o 205, kishal vihar, Katraj, Pune. Ori. Petitioners)
15. Navnath Subhash Thorat,
Age : 34 Yrs., Occu. Nil.
R/o Ekrukhe, Tq. Rahata, Dist. Ahmednagar. ... Respondents
...
• Mr. S. S. Thombre, Advocate for the Petitioners.
• Ms. S. S. Joshi, AGP for Respondent Nos. 1, 2 and 4.
• Mr. Anup R. Nikam, Advocate for Respondent No. 3.
• Mr. V. A. Dhakne, Advocate for Applicant in C.A. Stamp
No. 12944 of 2025
...
AND
WRIT PETITION NO. 11120 OF 2024
1. Ram S/o Siddheshwar Shinde,
Age 22 years, Occ. Nil,
R/o Neknoor, Tq. & Dist. Beed. ... Petitioner
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 400 032.
2. Director of Education (Primary)
Directorate of Primary Education,
Dr. Annie Besant Road,
Central Building, Pune - 411 011.
3. Maharashtra State Council of Examinations,
Through its Deputy Commissioner &
Member Secretary,
17, Dr. Ambedkar Marg,
Near Lal temple, Pune-01.
4. The Commissioner of Education, ... Respondents
Maharashtra State Pune.
6/20
WP-2282-2025 & Ors.
...
• Mr. S. S. Thombre, Advocate for the Petitioner.
• Mr. V. M. Kagne, AGP for Respondent Nos. 1, 2 and 4.
• Mr. Anup R. Nikam, Advocate for Respondent No. 3
...
AND
WRIT PETITION NO. 3580 OF 2025
1. Kishor S/o Bhaskar Kharat,
Age - 36 yrs, Occu - Student,
R/o. At Post - Vita, Tq. Kannad,
Dist. Aurangabad.
2. Swati d/o Sukhadev Bansode,
Age - 37 yrs, Occu - Student,
R/o. 10/258C, Buddha Nagar,
Nagnath Road, Osmanabad.
3. Minal d/o Balkrushna Donode,
Age - 33 yrs, Occu - Student,
R/o. At Post - Pimpalgaon Sadak,
Tq. Lakhni, Dist. Bhandara.
4. Nilima w/o Sagar yadav,
Age - 36 yrs, Occu - Student,
R/o. At Post - Khavathe,
Tq. Karad, Dist. Satara.
5. Pankaj s/o Ganeshrao Meghare,
Age - 32 yrs, Occu - Student,
R/o. Gawandi, Tq. Babhulgaon,
Dist. Yavatmal.
6. Naim s/o Shabbir Sheikh,
Age - 37 yrs, Occu - Student,
R/o. Shastri Ward, Near Yashoda Sabhagruha,
Gondia, Dist. Gondia.
7. Minakshi d/o Prakash Patil,
Age - 41 yrs, Occu - Student,
R/o. 301, B-Wing, Sarvoday Patwardhan Bag,
Kalyan West, Dist. Thane.
8. Sarika d/o Shyamrao Sadmake,
Age - 37 yrs, Occu - Student,
R/o. Ankhoda, Tq. Chamorshi, Dist. Gadchiroli.
7/20
WP-2282-2025 & Ors.
9. Pravin s/o Kurmadas Sarvade,
Age - 28 yrs, Occu - Student,
R/o. Near Shaktimata Temple,
Mali Galli, Patkul, Tq. Mohol, Dist. Solapur.
10. Rajani d/o Ramdas Nimgade,
Age - 29 yrs, occu - Student,
R/o. Gokul Nagar, Ward No. 16,
Near Ganesh Mandir, Gadchiroli.
11. Gopal s/o Vitthalrao Dhage,
Age - 29 yrs, Occu - Student,
R/o. Sayal, Post - Karegaon,
Tq. Loha, Dist. Nanded.
12. Mayuri Dinkar Pawar,
Age - 34 yrs, Occu - Student,
R/o. At Post - Naichakur, Tq. Omarga,
Dist. Osmanabad.
13. Darshana d/o Ganpat Khedkar,
Age - 32 yrs, Occu - Student,
R/o. At Post-Pauni, Tq. Pauni,
Dist. Bhandara.
14. Akshata Arun Gaikwad
Age - 27 yrs, Occu - Student,
R/o. At Post -Chikhali, Tq. Shirala,
Dist. Sangli. ... Petitioners
VERSUS
1. The State of Maharashtra
Through its Secretary,
School Education & Department,
Mantralaya, Mumbai - 32.
2. The Commissioner (Education),
Maharashtra State, Pune,
Central Building, Pune-1.
3. The Deputy Commissioner & Member Secretary,
Teachers Aptitude and Intelligence Test - 2022
Committee,
Maharashtra State Examination Council, Pune. ... Respondents
...
8/20
WP-2282-2025 & Ors.
• Mr. Mahesh S. Bhosale, Advocate for the Petitioners.
• Ms. P. J. Bharad, AGP for Respondent Nos. 1 and 2.
• Mr. Anup R. Nikam, Advocate for Respondent No. 3.
...
AND
WRIT PETITION NO. 3896 OF 2025
1. Babasaheb s/o Rama Dolas,
Age : 32 Years, Occu.: Education,
R/o Wangi,
Tq. and Dist. Beed - 431122. ... Petitioner
VERSUS
1. The State of Maharashtra
Through its Principal Secretary,
School Education & Sports Deptt.
Mantralaya, Mumbai - 32.
2. Director of Education (Primary)
Directorate of Primary Education,
Dr. Annie Besant Road,
Central Building, Pune - 411 011.
3. Maharashtra State Council of Examinations,
Through its Deputy Commissioner &
Member Secretary,
17, Dr. Ambedkar Marg,
Near Lal temple, Pune-01.
4. The Commissioner of Education, ... Respondents
Maharashtra State Pune.
...
• Mr. M. U. Shelke, Advocate for the Petitioner
• Mr. V. M. Kagne, AGP for Respondent Nos. 1, 2 and 4
• Mr. Anup R. Nikam, Advocate for Respondent No. 3
...
CORAM : MANGESH S. PATIL &
Y. G. KHOBRAGADE, JJ.
RESERVED ON : 25.03.2025
PRONOUNCED ON : 29.04.2025
9/20
WP-2282-2025 & Ors.
JUDGMENT (MANGESH S. PATIL, J.) :
. Heard. Rule in all these petitions. It is made
returnable forthwith.
2. The learned AGPs and the learned advocate
Mr. Nikam for respondent - Maharashtra State Council of
Examinations (Examination Council) waive service. At the joint
request of the parties, all these matters are heard together and
are being disposed of by this common judgment to avoid
rigmarole, since, with little variations of facts, all these petitions
raise a common grievance.
3. We have also heard learned advocate, Mr. Dhakne,
for intervenor in Writ Petition No. 10821 of 2024.
4. All these petitioners, having participated at Teachers
Aptitude and Intelligence Test - 2022 (TAIT-2022) conducted by
the Examination Council under the Right of Children to Free and
Compulsory Education Act, 2009 (RTE Act), and had registered
themselves on the portal provided therefor, namely ' Pavitra
Portal', by uploading their self-certification in the first round,
are seeking writ of mandamus directing the Council to allow
them to participate in the second round of the ensuing
recruitment process of teachers in the State of Maharashtra and
WP-2282-2025 & Ors.
to permit them to edit their self-certification. This is the common
thread across all these petitions, with individual variations on
facts.
5. Though the date is already over, even before we
heard these matters and reserved those for passing orders, in
our considered view, it would be a matter of right in the
petitioners which should be the determinative factor. This being
not a cut off date for holding some examination and the local
bodies and the private managements would be periodically
uploading their need to undertake recruitment process, we
thought it fit to decide these matters on their own merits, rather
than disposing them of having become infructuous.
6. The learned advocates for all these petitioners
would take us through the papers to demonstrate that having
been qualified and became eligible by completing either the TET,
C-TET or being graduate with the B.Ed. Degree, which are the
three eligibility criteria as provided under sub-section 2 of
Section 23 of the RTE Act, 2009 and as laid down in the matter
of Dheerajkumar Vilas Lomate V/s. The State of Maharashtra
and Others; Writ Petition No. 12971 of 2024, by a division
bench of this Court, had appeared at TAIT-2022, as per the
regulations, pursuant to the advertisement published by the
WP-2282-2025 & Ors.
Examination Council on 31.01.2023. During the first round of
the recruitment process, in spite of registration by way of
self-certification, the petitioners were unable to secure
employment.
7. The learned advocates would submit that the
respondents are seeking to undertake a second round of the
recruitment process through TAIT-2022. They have issued
advertisements/notifications on 20.01.2025 and have notified
the local bodies and the private managements running the
schools to participate, and have released a press note on
06.02.2025, and again on 10.03.2025 expecting the exercise of
self-certification to be completed by 20.03.2025.
8. The learned advocates for the petitioners would
broadly base their submissions on the ground that the
Examination Council allowed not only fresh registration of the
candidates for the second round, even when they had not
registered during the first round but even has permitted in some
cases to edit their self-certification. It is demonstrative of the fact
that there is no complete bar for the candidates who have
participated in the first round, like the petitioners, to edit their
self-certification while participating in the second round. They
would submit that no sanctity is attached to self-certification
WP-2282-2025 & Ors.
made in the first round. The petitioners, under the peculiar
circumstances, obtaining in their individual cases, have intended
to edit their self certification and should be allowed to do so.
9. The learned AGPs, by referring to the affidavits-in-
reply filed in some of these writ petitions, and Mr. Nikam for the
Examination Council, would strongly oppose the petitioners'
request. They submit that this Court, in different matters, has
expressly denied similar requests for editing self-certification,
particularly in cases where either the qualifications have been
acquired after the cut off date of which the candidates were
seeking to take advantage or have obtained some certificates
claiming reservations after the cut off date. They further submit
that these petitioners are not eligible for being appointed as
teachers for primary (1st to 5th) and higher primary (6th to 8th )
standards, having not cleared the basic eligibility criteria of TET
or C-TET before appearing at the TAIT-22 which was held
between 22.02.2023 and 03.03.2023. They would submit that
admittedly 23.02.2023 was the cut off date, pursuant to the
advertisement dated 31.01.2023.
10. They would advert our attention to clause No. 4.9
of the advertisement dated 31.01.2023 expressly mentioned that
the candidates who were claiming vertical or horizontal
WP-2282-2025 & Ors.
reservation must possess the requisite certificate of the period
prior to the cut off date. They would also refer to clause No. 5.3
of the advertisement expressly mentioned that the candidates
should possess requisite educational qualifications before the cut
off date. Attention is also drawn to the fact that the candidates
were put to notice by adverting their attention to the
Government Resolution dated 10.11.2022 in the department of
School Education and Sports, expressly laying down that they
will have to appear for TAIT afresh every time, and their
performance/marks obtained at the previous TAIT will not be
considered.
11. Lastly, they would submit that in the matter of
group of writ petitions, Dheerajkumar Vilas Lomate V/s. The
State of Maharashtra and Others; Writ Petition No. 12971 of
2024, by the order dated 23.01.2025, a coordinate division
bench of this Court turned down a similar request for editing
self-certification and the challenge put up by them before the
Supreme Court in Petition(s) for Special Leave to Appeal (C)
No(s). 4326-4328 of 2025 has been rejected by the Supreme
Court on 21.02.2025. They would thus submit that this Court
will have to be consistent and should dismiss all these petitions.
WP-2282-2025 & Ors.
12. We have considered the rival submissions and
perused the papers. At the out set, it is necessary to observe that
in the matter of Dheerajkumar (Supra), similar prayers as are
being made by these petitioners, for editing their self-
certification for having obtained the 'Project Affected Person'
certificate, 'Economically Weaker Section' certificate after the cut
off date and the request for editing the self-certification,
permitting them to change their category and claim the
reservation, was expressly turned down on the ground that
those were obtained after the cut off date and were not entitled
to change their category. The petitions were dismissed of the
order has been confirmed in the form of dismissal and the
Special Leave Petitions (SLPs). It would be apposite to reproduce
paragraph No. 7 to 11 of the order of the division bench, which
read as under:-
7. We have considered rival submissions of the parties.
The petitioners were registered on PAVITRA portal on
30.09.2023, from EWS category. They applied for PAP
certificates on 20.03.2024, 26.03.2024 and 16.07.2024
respectively. On the same date, the certificates were
secured.
8. The advertisement for the registration on PAVITRA
portal was published on 01.09.2023. After considering
the applications, the merit list was published on
26.02.2024. In the merit list, petitioner in the first
petition scored 103 marks, petitioner in the second
WP-2282-2025 & Ors.
petition scored 95 marks and the petitioner in third
petition scored 101 marks in EWS category. As per the
merit list, cut off was declared which was much higher
than the marks secured by the petitioners.
9. Considering the sequence of events, it is apparent that
petitioners could not fare well in merits in EWS category
and thereafter they applied for PAP certificates and
secured then. Petitioners are taking chances. They tried
from EWS category. Sensing that they are not likely to be
successful, they are trying to change the category from
EWS to PAP.
10. We have carefully perused the letter dated 10.09.2024
in order to comprehend the submissions made by the
petitioner on the ground of discrimination. The letter is
very specific and it is for vertical reservation. The
permission was given for changing self certification or
category. There is no policy of the respondents allowing
the candidates to change their category for horizontal
reservation. The written instructions tendered by learned
AGP are in tune with the policy of the government which
is in vogue. Under these circumstances, we do not find
that petitioners have made out a case of arbitrariness or
high-handedness .
11. Learned counsel for the petitioners also submitted
that their lands were acquired long back and it is not a
case that on the eleventh hour they are managing to
secure certificates. The respondents are not disputing the
status of the petitioners. However, initially their
applications were from EWS category. After declaration of
cut off they are soliciting change in the category which is
impermissible as per the policy. Under these
circumstances, we are not inclined to accept the
submissions of the petitioners.
13. As can be gathered, the coordinate division bench of
this Court has already turned down requests similar to those
WP-2282-2025 & Ors.
made by these petitioners, and these reasons assigned, would be
sufficient, even to discard these claims.
14. In Writ Petition No. 2282 of 2025, the petitioner
had registered himself in the first round with the self-
certification expressly mentioning that he was not claiming any
horizontal reservation available to orphans. He obtained the
requisite certificate on 08.08.2024, as per the Government
Resolution dated 06.04.2023, when he was supposed to possess
it before the cut off date, that is, 30.09.2023.
15. In Writ Petition No. 2284 of 2025, the petitioner
obtained 'Project Affected Person' certificate on 28.12.2023 after
the cut off date.
16. In Writ Petition No. 3705 of 2025, the petitioner
had obtained the 'Project Affected Person' certificate but did not
claim any reservation while registering in the first round.
17. As regards the petitioners from Writ Petition
No. 10821 of 2024, on acquiring the C-TET qualification they
are now seeking to participate in the recruitment process. They
had cleared the paper - 1 and/or paper - 2 after the cut off date,
meaning thereby that none of them was eligible to participate in
the recruitment process on the basis of qualification which they
possessed.
WP-2282-2025 & Ors.
18. In Writ Petition No. 3896 of 2025, while registering
in the first process by self-certification, the petitioner did not
claim any horizontal reservation under the 'sportsman' category,
even when he was already having requisite certificate dated
18.11.2015. Meaning thereby that though he was entitled to
claim reservation he opted for it. Same is the case in respect of
the petitioner from Writ Petition No. 3705 of 2025. Both these
petitioners were having requisite certificates but had chosen not
to claim such reservation. As has been held in the matter of
Dheerajkumar (Supra), they cannot be allowed to edit the self-
certification to claim the reservation.
19. It appears that all these petitioners could appear at
TAIT-2022 on the basis of their eligibility based on clearing the
TET or C-TET which are essential qualifications for recruitment
as a teacher for standard 1st to 8th, without claiming any
reservation or having requisite certificate before the cut off date
as is required by clause No. 4.9 and 5.3, and some of the
petitioners could appear at TAIT-2022 being graduate with B.Ed
degree and were eligible to be recruited to teach 9 th and 10th
standards. Having not been able to secure any employment in
the first round, they are now either claiming the reservation,
which is prohibited by effecting change in the self-certification
WP-2282-2025 & Ors.
or are now seeking to become eligible on the basis of their
TET/C-TET qualification for being recruited as primary teachers,
having acquired such qualification after the cut off date.
20. Being entitled to claim a reservation is one thing,
and having a requisite certificate claiming a specific reservation
is another thing. Similarly, being entitled to claim reservation,
and in spite of having requisite certificate choosing not to claim
it and seeking to edit self-certification in the second process to
enable such claim, cannot be approved.
21. Since, it is a matter of mass scale recruitment
process being undertaken through 'Pavitra Portal', any such lee
way cannot be extended to the participants. Pertinently, the
second round is being conducted since out of 2,39,730
candidates who had enrolled only 70% to 80% of the vacant
seats could be filled in. Admittedly, the second round is to be
undertaken to fill in only the vacant posts (21,678) which
remained after completion of the first process.
22. Even if, in some cases, fresh registration and even
editing of the self-certification has been permitted, as can be
seen, that has been allowed only to meet a specific contingency.
It is only in respect of such candidates from the unreserved
category and EWS categories, are permitted to edit the
WP-2282-2025 & Ors.
self-certification and claim reservation as Socially and
Economically Backward Class (SEBC). The circular dated
10.03.2025 expressly lays down that a candidate cannot change
the category of horizontal reservation, since the cut off marks
were already published in the first round.
23. In light of above, there is no merit in any of these
petitions and these are liable to be dismissed.
24. The Writ Petitions are dismissed.
25. In view of dismissal of the Writ Petitions, Civil
Application Stamp No. 12944 of 2025 is disposed of.
26. Rule is discharged.
(Y. G. KHOBRAGADE) (MANGESH S. PATIL)
JUDGE JUDGE
jhs/
