YOGITA UTTAMRAO NAWALE v. THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
Case Details
963&964wp11539-23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 963 WRIT PETITION NO.11539 OF 2023 YOGITA UTTAMRAO NAWALE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ... Mr. T. M. Venjane, Advocate for Petitioner Mr. A. V. Deshmukh, AGP for Respondents State AND 964 WRIT PETITION NO.11548 OF 2023 SANTOSH RAJARAM CHAVAN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. S. B. Solanke, Advocate for Petitioner Mr. P. K. Lakhotiya, AGP for the Respondents-State CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE : 14th September, 2023 ORDER: 1. In Writ Petition No. 11548/2023, Respondent Nos. 4 and 5 are informal parties. Hence, the Petitioner prays for deletion of the said Respondents. Deletion is allowed. 2. Admittedly, the Petitioner in Writ Petition No.11539/2023 has passed the Teachers Eligibility Test (TET) after the cutoff date 31.03.2019 whereas, the Petitioner in Writ Petition No. 11548/2023 has not passed the Teachers Eligibility Test (TET). Admittedly, the Division Page 1 of 7 963&964wp11539-23 Bench of this Court [Coram : S. V. Gangapurwala (as His Lordship then
Legal Reasoning
reminds us of the judgment delivered by this Court in Sagar Gopichand Bahire (supra), wherein this Court has finally concluded that, the teachers without TET need to be terminated. He further submits that, since the Hon'ble Supreme Court had directed status-quo to be maintained, it would not mean that, further service benefits can be granted to the teachers, who do not have the TET qualification prior to 31/03/2019 . 8. This is a Court of equity and while passing orders, this Court has to balance the equities. If the interest of the teachers are to be protected by passing a conditional or a qualified order, the interest of the State Government, which extends the salary grants, also has to be taken into account, as the State Government insists that their salary grants should not be utilized for payment of salaries to those teachers, who do not have the requisite qualification. 9. In the light of the peculiar circumstances as noted above, we find that, it would be appropriate to bind the Petitioners to an undertaking that, they would abide by the decision of the Hon'ble Page 5 of 7 963&964wp11539-23 Supreme Court, and if it is concluded by the Hon’ble Supreme Court that, they cannot be continued in employment, they would suffer the consequences. With such undertaking, provisional allotment of the ‘Shalarth-ID’ can be permitted. Needless to state that, if the Hon'ble Supreme Court concludes that the TET is mandatory, such teachers will then have to be removed from employment. 10.
Arguments
was) and Shrikant D. Kulkarni, JJ.], vide judgment dated 11/06/2021 delivered in Writ Petition No.4904/2020 (Sagar Gopichand Bahire Vs. State of Maharashtra and others) and a group of petitions, concluded that, if a candidate does not have the TET qualification prior to 31/03/2019, such candidates cannot be retained in service and the Government will not be liable to pay their salaries. Since the Petitioners desired to approach the Hon’ble Supreme Court, this Court protected the status of the teachers as on date by directing status-quo to be maintained. The matter has travelled to the Hon’ble Supreme Court in Special Leave to Appeal (Civ.) No.8300/2021 (Priti Ravindra Warghante and others Vs. the State of Maharashtra and others) and a group of petitions, and the status-quo order has been continued. 2. The learned Advocates for the Petitioners point out the order passed by this Court (Coram : Mangesh S. Patil and Shailesh P. Brahme, JJ.), dated 10/08/2023 in Writ Petition No.9944/2023. Paragraph Nos.1 to 4 of the said order read as under :- “1. The petitioner is challenging the order passed by the respondent no.4/Education Officer (Secondary), Aurangabad, refusing to grant permission for including his name in the online portal for disbursement of salary on the ground that he had not passed Teacher Eligibility Test Page 2 of 7 963&964wp11539-23 examination (T.E.T.) as per the Government decision dated 13.02.2013. 2. It is common knowledge that the subject pertaining to the T.E.T. qualification is already sub-judice before the Supreme Court which has directed status-quo to be maintained. 3. In the light of above, we quash and set aside the impugned order, direct the respondent no.4 to pass order afresh, which shall not be by resorting to the ground which has been mentioned in the impugned communication. 4. The decision shall be taken as expeditiously as possible and in any case within six weeks. This order shall be subject to the final outcome of the matter before the Supreme Court.” 3. It is apparent that the judgment of this Court, dated 11/06/2021 in Sagar Gopichand Bahire (supra), was not brought to the notice of the Co-ordinate Bench of this Court. Status-quo was ordered and the Hon’ble Supreme Court has continued the said order. 4. Nevertheless, the predicament before us is, as to how far the Petitioners can survive with meager salaries or no salary at all, only on the ground that they are not TET qualified/cleared TET after the cutoff date. This Court concluded that TET under the Right of Page 3 of 7 963&964wp11539-23 Children to Free and Compulsory Education Act, 2009 (for short ‘the 2009 Act’) is mandatory. The Hon’ble Supreme Court would now decide the issue. Until then, all the teachers are protected and the status-quo in their employment is maintained. 5. There are cases, wherein the teachers before us contend that the Management did not pay them at all and they are working without salaries. Unless their names are included in the ‘Shalarth Pranali’, they are not entitled for salary though the grants may be available. 6. We quite appreciate the difficulties of these Petitioners, who either have to survive without salary or on a stipend. No doubt, the fault lies with these Petitioners, since they did not pass the TET and have created a problem for themselves. It is canvassed by the learned Advocates for the Petitioners that, the TET qualification is not mandatory, or will be mandatory only for those teachers who have been appointed after the introduction of the 2009 Act, which came into operation on 01/04/2010. The orders of the Hon'ble Supreme Court would be binding upon all. 7. The learned A.G.P. has strenuously opposed these petitions, contending that such petitions are likely to open a pandora’s box. These teachers, who are not TET qualified, would be approaching this Court for seeking orders for entering their names in the ‘Shalarth Pranali’. Page 4 of 7 963&964wp11539-23 They would draw salaries scales as are available through the salary grants extended by the Government, which are available only to those teachers, who have requisite qualification. He raises a dispute of salary grants to the teachers, who do not have requisite qualification. He
Decision
In view of the above, these Writ Petitions are partly allowed. The impugned orders dated 30/08/2023 and 26.12.2021, respectively are quashed and set aside, with the following directions:- (a) The Petitioners would tender an undertaking that, they would abide by the conclusions that would be drawn by the Hon'ble Supreme Court, and if the verdict is adverse to those teachers who do not have the TET qualification or have cleared the TET after 31/03/2019, or as the case may be, they would abide by the same without raising any cause of action. (b) Let such affidavit undertaking be filed in this Court within 15 days from today and a copy be tendered to the concerned Education Officer within the same timeline. (c) Considering the above, the proposals of the Petitioners would be considered for provisionally entering their names in the Page 6 of 7 963&964wp11539-23 ‘Shalarth-ID’ on their own merits, save and except, the reason that they are not TET qualified. Needless to state, the proposals would be decided within 30 days after the submissions of the undertakings. (d) If an adverse order is passed by the Hon'ble Supreme Court by which the teachers are covered by clause (a), the State Government would not recover the salaries already paid to them, since they have worked for those tenures and they have earned their salaries for performing their duties. (e) In the event, the candidates like the Petitioners are protected by the Hon'ble Supreme Court’s conclusions and they are held to be qualified to continue in employment, they would be entitled for all service benefits like promotions, increments, etc. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan Page 7 of 7