HINA KAUSAR MOHAMMAD RIYAZ v. THE STATE OF MAHARASHTRA THROUGH EDUCATION AND SPORTS DEPARTMENT AND OTHERS AND
Case Details
TAIT-903-8534-23Group IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 WRIT PETITION NO.8534 OF 2023 WITH CA/11401/2023 IN WP/8534/2023 HINA KAUSAR MOHAMMAD RIYAZ VERSUS THE STATE OF MAHARASHTRA THROUGH EDUCATION AND SPORTS DEPARTMENT AND OTHERS AND 905 WRIT PETITION NO.11252 OF 2023 SHAHEEN PARVEEN MOHAMMAD HAYAT AND OTHERS VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 906 WRIT PETITION NO.11257 OF 2023 SHAIKH SALMAN SHAIKH MAHEBOOB AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 907 WRIT PETITION NO.11258 OF 2023 MOHAMMAD ANEES ABDUL AZIZ AND OTHERS VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 908 WRIT PETITION NO.11259 OF 2023 SHAIKH INTEKHAB AALAM MOHAMMAD RAFIQUE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 909 WRIT PETITION NO.11260 OF 2023 SUNIL SITARAM BHOYE AND OTHERS Page 1 of 19 TAIT-903-8534-23Group VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 910 WRIT PETITION NO.11262 OF 2023 ISE KHAN NOOR KHAN AND OTHERS VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 911 WRIT PETITION NO.11269 OF 2023 PRITEE SOMNATH NIKAM AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS AND 912 WRIT PETITION NO.11270 OF 2023 ROHINI SAMPATRAO THEUDRKAR VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 913 WRIT PETITION NO.11275 OF 2023 SHAIKH SHAFEEQ SHAIKH NIZAM AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS AND 914 WRIT PETITION NO.11277 OF 2023 ZUBAIR SHAH GULAMGAUS SHAH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 915 WRIT PETITION NO.11278 OF 2023 URMILA KHEMJI GAMBHIRE AND ANOTHER Page 2 of 19 TAIT-903-8534-23Group VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 916 WRIT PETITION NO.11279 OF 2023 WITH WP/11520/2023 KALYAN PRABHAU SHEP AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 917 WRIT PETITION NO.11280 OF 2023 HAIDER ALI SHAH USMAN SHAH AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS AND 918 WRIT PETITION NO.11282 OF 2023 HINA KAUSAR IQBAL KHAN ALIAS HINA KAUSAR MOGHAL RIYAZBAIG VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 919 WRIT PETITION NO.11283 OF 2023 SHAH PARVEZ AHMED QAYYUM SHAH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 920 WRIT PETITION NO.11286 OF 2023 ASHWINI ASHOKRAO BHADANE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 921 WRIT PETITION NO.11287 OF 2023 Page 3 of 19 TAIT-903-8534-23Group SHUBHAM DEVENDRA SHUKLA VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 922 WRIT PETITION NO.11292 OF 2023 IMRAN AYYUB KHAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 923 WRIT PETITION NO.11293 OF 2023 SUFIYAN FAROOQUE SHAH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS AND 924 WRIT PETITION NO.11294 OF 2023 VIKAS BABURAO PARDHI VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 925 WRIT PETITION NO.11295 OF 2023 IRAM SABA SHAIKH MOHAMMAD SHAKEEL AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 926 WRIT PETITION NO.11302 OF 2023 VISHAL KRISHNADAS WAGH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 927 WRIT PETITION NO.11303 OF 2023 SHAIKH TAHSEEN KAUSAR KIYAMODDIN AND ANOTHER Page 4 of 19 TAIT-903-8534-23Group VERSUS THE STATE OF MAHARASHTRA THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS 928 WRIT PETITION NO.11304 OF 2023 VIJAY SITARAM JOHARE VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 929 WRIT PETITION NO.11305 OF 2023 SHITAL MADHUKAR THAKARE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 930 WRIT PETITION NO.11306 OF 2023 ANSARI UZMA ANJUM AEJAZ HUSAIN AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 931 WRIT PETITION NO.11307 OF 2023 SHAH AAMIR SAEED VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 932 WRIT PETITION NO.11308 OF 2023 MUDASSIR MERAJ SHAIKH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 933 WRIT PETITION NO.11309 OF 2023
Facts
TADVI SABA FIRDUS ABDUL LATEEF TADVI AND ANOTHER VERSUS THE STATE OF MAHARASHTRA Page 5 of 19 TAIT-903-8534-23Group THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS AND 934 WRIT PETITION NO.11310 OF 2023 SHAIKH SAMEER SHAIKH NASIR AND OTHERS VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 935 WRIT PETITION NO.11315 OF 2023 KALYANI PRABHAKARRAO PIMPLE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS CHIEF PRINCIPAL SECRETARY AND OTHERS AND 936 WRIT PETITION NO.11317 OF 2023 SHAHARUKH KHAN JAHANGIRKHAN AND ANOTHER VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 937 WRIT PETITION NO.11482 OF 2023 MAQUESOOD AHMED KHALEEL AHMED VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 938 WRIT PETITION NO.11516 OF 2023 BHARTI VISHNU MAHAJAN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 939 WRIT PETITION NO.11523 OF 2023 LEENA DHARAMRAJ KAKUSTE VERSUS THE STATE OF MAHARASHTRA Page 6 of 19 TAIT-903-8534-23Group THROUGH ITS SECRETARY AND OTHERS AND 940 WRIT PETITION NO.11533 OF 2023 MAYUR ATMARAM KHAIRNAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 941 WRIT PETITION NO.11540 OF 2023 ROHINI DADASAHEB JADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 942 WRIT PETITION NO.11544 OF 2023 MOHD IFTEKHAR MOHD QUDDOOS VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 943 WRIT PETITION NO.11545 OF 2023 GANESH BABA GAIKHE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 944 WRIT PETITION NO.11546 OF 2023 NIRAD VINAY JAKATDAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 945 WRIT PETITION NO.11572 OF 2023 SUDHAKAR ACHUYTRAO SHINDE VERSUS THE STATE OF MAHARASHTRA Page 7 of 19 TAIT-903-8534-23Group THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 946 WRIT PETITION NO.11581 OF 2023 GANESH NAMDEV THAKARE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 947 CIVIL APPLICATION NO.11402 OF 2023 IN WP/1969/2023 SYED AMER SYED ZAFAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTH AND 948 CIVIL APPLICATION NO.11426 OF 2023 IN WP/9807/2023 ABDUL KARIM ABDUL MUNAF VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 949 CIVIL APPLICATION NO.11430 OF 2023 IN WP/9544/2022 SHAIKH AZHARUDDIN SHAIKH SHAHABOUDDIN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 950 CIVIL APPLICATION NO.11452 OF 2023 IN WP/4426/2023 WITH WP/4426/2023 WITH CA/11455/2023 IN WP/4426/2023 WASEEM KHAN BABU KHAN TADVI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER AND 951 CIVIL APPLICATION NO.11457 OF 2023 Page 8 of 19 TAIT-903-8534-23Group SADAF PARVEEN SHAFIQUE KHAN AND ANOTHER VERSUS STATE OF MAHARASHTRA THROUGH EDUCATION AND SPORTS DEPARTMENT AND OTHERS 2 CIVIL APPLICATION NO.11456 OF 2023 IN WP/9801/2023 SHAIKH MAZHARUDDIN SHAIKH FAYAZODDIN VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 3 WRIT PETITION NO.11583 OF 2023 YOGESH GOPICHAND PATIL AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 4 WRIT PETITION NO.11587 OF 2023 SAYALI SHAMRAO SONAWANE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 5 WRIT PETITION NO.11598 OF 2023 ANANTKUMAR HIMMAT PAWAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 6 WRIT PETITION NO.11607 OF 2023 ATIYA BEGUM SHAIKH MUSTAFA AND OTHERS VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 8 WRIT PETITION NO.11615 OF 2023 ARSHAD KHAN SHAFIULLAH KHAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA Page 9 of 19 TAIT-903-8534-23Group THROUGH ITS SECRETARY AND OTHERS ...
Legal Reasoning
There is no dispute before us in all these matters that there are three modes/channels for becoming eligible to appear for the TAIT Exam. The first mode is, a person who has D.Ed qualification and who passes the Teachers Eligibility Test (TET) conducted by the State of Maharashtra, commonly known as the MH-TET. The second mode for Page 12 of 19 TAIT-903-8534-23Group being eligible to appear for the TAIT Exam is, that a candidate has D.Ed qualification and has passed the Central TET (CTET). The third mode is that the candidate must be a Graduate and must have B.Ed. qualifications. 7. If teachers desire to teach the students from 1st to 8th standards, the TET Exam has two papers. For those teachers who desire to teach for 9th to 12th Standards, TET is not compulsory. There are cases wherein TET exam results have been cancelled by the Statutory authority on the ground that some of the successful candidates have indulged in a scam. As on date their TET results have been cancelled. By way of an interim relief, this Court has protected such candidates from termination. However, we have not granted restoration of their TET results. 8. We have not permitted such teachers involved in the scam to appear for the TAIT Exam from the channel of the TET qualification, the first channel discussed above. However, those teachers who are alleged to have been involved in the TET scam and who have passed either the C-TET or are Graduates with B.Ed qualification, are not precluded from appearing for the TAIT as there is no provisions cited before us that such candidates should be prohibited for recruitment after passing the TAIT, Page 13 of 19 TAIT-903-8534-23Group 9. Rule 2(1)(b-1) of the Maharashtra Employees of Private Schools Rules 1981, defines "Aptitude Test as under: "Aptitude Test" means the test conducted by the Government or the agency authorised by the Government for appointment of teachers in the aided schools." 10. Rule 6 pertains to the qualification of teachers and non- teaching staff, which reads as under: 6. Qualifications of Teachers and non-teaching staff. - (1) The minimum qualifications for the posts of teachers and the non- teaching staff in the primary schools, secondary schools, higher secondary schools Junior Colleges and Junior Colleges of Education shall be as specified in Schedule "B": [(2) The Government or the agency authorized by the Government shall conduct the Teachers Eligibility Test for the appointment of teachers or Shikshan Sevaks, for standard I to VIII in the private aided schools, partially aided schools, un- aided schools and schools eligible for grant-in-aid, from time to time. (2-A) The Government or the agency authorized by the Government shall conduct the Aptitude Test for the appointment of teachers or Shikshan Sevaks, for standard I to VIII in the private aided schools, partially aided schools, un- aided schools and schools eligible for grant-in-aid, from time to time. (2-B) The Government or the agency authorized by the Government shall conduct the Aptitude Test for the appointments of teachers or Shikshan Sevaks, for standard IX to XII, in private aided schools, partially aided schools, un- Page 14 of 19 TAIT-903-8534-23Group aided schools and schools eligible for grant-in- aid (excluding self- finance schools), from time to time.] (3) For the appointment of the teachers for standard I to VIII, the candidate who has passed the Eligibility Test shall be eligible to appear for Aptitude Test. (4) The candidate can appear five times for the Aptitude Test for betterment of marks within the age limit prescribed for the post. The marks obtained in the Aptitude Test shall be (5) valid up to the age limit prescribed for the post including relaxation in age limit for the candidates belonging to the Specific Category. (6) The Government shall specify the syllabus and provide the procedure to be followed for conducting the Eligibility Test and Aptitude Test, from time to time." 11. Rule 2(1) (e-1) defines eligibility test as under: "(e-1) "Teachers Eligibility Test" means the test conducted by the State Government or Central Government or the agency authorized by the State Government or Central Government, for candidates to be eligible to appear for Aptitude Test." 12. The learned AGP and the learned Advocates for the Respondents have vehemently opposed these Petitions on the ground that once the names of the Petitioners have appeared in the TET scam, no matter that they are CTET qualified or are Graduates with B.Ed. qualification, they would not be allowed to appear for the TAIT Exam Page 15 of 19 TAIT-903-8534-23Group or participate in the recruitment process on the basis that they have passed the TAIT Exam. 13. We find that there is no specific/express bar prescribed either under the Rules or under any GR. A candidate who has cleanly passed the CTET or has acquired the qualification of Graduate + B.Ed., which are the two channels for being eligible for the TAIT Exam, involvement in the TET scam would not water down their results in the other two streams, since they have cleanly passed the said examinations and there is no allegation of malpractices. 14. Therefore, we conclude that if there are candidates whose names are involved in the TET scam and their performances have been cancelled and they are neither CTET nor Graduate plus B.Ed. qualified, they would not be permitted to appear for the TAIT exam until they are exonerated and their result of the TET exam is restored, since without passing the TET, these persons cannot be eligible for the TAIT. 15. The Respondents contend that there are certain TET scam candidates who have surreptitiously appeared for the TAIT exams, have passed such exams and are now praying for leave to indulge in registration of self assessment for recruitment through the Pavitra Portal. These issues are not addressed to us in any of these Petitions. These are such issues which are within the domain of the Nodal Body Page 16 of 19 TAIT-903-8534-23Group which is the Maharashtra State Examination Council, Pune and Commissioner of Education. These authorities are duty bound to scrutinize such cases and arrive at independent conclusions. 16. Shri Nikam, the learned Advocate has strenuously contended with regards the issue that is being considered by this Court today in the light of the three channels of eligibility for appearing for the TAIT Exam, that earlier the authorities did not have a mechanism to identify the candidates who had failed in TET and/or had committed a TET scam. Their results were cancelled and were permanently debarred from appearing for the TET exam and, therefore, they surreptitiously appeared for the TAIT examination. 17. We do not wish to deal with this aspect since it would be expanding the scope of these Writ Petitions without there being any cause of action before us. Let the competant authorities scrutinize the cases of all the candidates whom they desire to identify as fraudulent cases. They are at liberty to pass appropriate orders and convey those orders to the concerned candidates who have passed TAIT. The candidates would, thereafter, be at liberty to avail of the legal remedy as may be permissible in law for the redressal of their grievance. 18. Be that as it may, to the extent of these Petitions, those who are in the TET Scam whose results have been cancelled and have been Page 17 of 19 TAIT-903-8534-23Group permanently debarred from appearing for TET exam again, until they are cleared of the charge, such candidates would not be entitled for any relief in these Petitions, unless these candidates have cleared CTET cleanly or have Graduate with B.Ed qualifications. With these qualifications, they would be eligible for the recruitment process after having passed the TAIT. As such, the Petitioners who fall in the second and the third mode/category of eligibility, would be entitled for registration for self certification/assessment through Pavitra Portal and the last date is until midnight of 22nd September, 2023. 19. Insofar as the CTET candidates are concerned, those who have appeared for the exams on or before the date on which the TAIT exams were conducted, they can be considered for the Pavitra portal in view of the policy of the Government, subject to their passing of the CTET. However, those who have appeared for CTET weeks or months after the TAIT Exam was held between February-March, 2023, they cannot be held eligible to appear for TAIT Exams which were held earlier, since the CTET was a requirement for appearing for the TAIT Exam. 20. off. With the above observations, these Petitions are disposed Page 18 of 19 TAIT-903-8534-23Group 21. Those Petitions pertaining to permanent debarment and cancellation of results are concerned, we are not considering them in this group which is restricted only for self assessment/certification post passing the TAIT. Needless to state, permission to resort to registration of self assessment/certification, would be subject to any other legal impediment, if discovered or noticed by the competent authority. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan Page 19 of 19
Arguments
Mr. S. S. Thombre, Mr. A. B. Kale, Mr. V. S. Panpatte, Mr. Sachin Deshmukh h/for Mr. Majit Shaikh, Mr. S. B. Ghatol-Patil, Mr. V. S. Kadam, Mr. T. Y. Sayyed, Mr. S. B. Solanke, Mr. D. B. Dangode, Mr. B. L. Sagar-Killarikar, Mr. E. S. Murge, Mr. V. U. Pawar, Mr. A. D. Shinde, Mr. Mr. Shaikh M. A. Jahagirdar, Mr. R. D. Maniyar, Ms. Khan Sultanaba Bee Rahim, Mr. P. B. Vikhe, Mr. V. G. Deshmukh h/for Mr. S.S. Tope, Mr. S.R. Sapkal, Mr. A.R. Sayyed, Mr. Quadri Sayyed Raheel h/for Mr. S.S. Kaji, Mr. D.S. Mali, Mr. Amol Sawant, Mr. N. L. Chaudhari, Advocate for the Petitioners in respective Petitions. Mr. S. K. Tambe, Mr. V. M. Kagne, Mr. S. G. Karlekar, Mr. A. V. Deshmukh, Mr. P. K.Lakhotiya, AGPs for the Respondents-State Mr. A.R. Nikam, Advocate for Respondent-Commissioner, Maharashtra State Council of Examinations Mr. S. B Munde, Advocate for Respondent No.7 in WP/11294/2023 Mr. S. R. Dheple, Advocate for Respondent No.7 in WP/11304/2023 CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE : 14th September, 2023 ORDER: 1. All these matters are taken up for disposal considering that the Petitioners have approached this Court with a limited prayer that they may be permitted to resort to registration of self-certification after passing the TAIT for recruitment through the Pavitra Portal. Each of them contends that they have passed TAIT. Page 10 of 19 TAIT-903-8534-23Group 2. Considering the limited issue raised before us, we need not advert to the entire averments and pleadings of the respective parties. Suffice it to say that the following aspects require our attention: a) Teachers Aptitude and Intelligence Test (TAIT) is compulsory for teachers who desire to teach the 1st to 12th Standards. b) Such TAIT Exam was held in between 22.02.2023 and 03.03.2023, commonly known as the February-2023 TAIT Exam. 216443 candidates have passed the TAIT Exam. c) A relaxation was given for appearing for the Exam keeping in view that some of the appearing candidates had appeared for qualifying exams and passing of the said exams was necessary to be eligible for appearing for the TAIT. 3. The learned Advocate appearing for the Examination Council seriously objects to the maintainability of the Petitions filed by those Petitioners whose addresses are not in the region amenable to the jurisdiction of the Aurangabad Bench. 4. The learned Advocates representing the Petitioners in the above Petitions strenuously submit that all these Petitioners have an origin in the Districts amenable to the jurisdiction of this Bench. Some Page 11 of 19 TAIT-903-8534-23Group of them are presently working in this area. According to them, even if a fraction of a cause of action is from the region amenable to the jurisdiction of the Aurangabad Bench, the Petitions would be maintainable. 5. The Hon'ble Full Bench of the Allahabad High Court has concluded in Paritosh Kumar Vs. Union of India, 2014 CRI. L.J. 1968 that even if there is a part of the cause of action that falls within the jurisdiction of a particular bench, that bench can have the jurisdiction to entertain the said cause. The Hon'ble Supreme Court in the case of Shantidevi Alias Shanti Mishra Vs. Union of India, (2020) 10 SCC 766 considered the view of the learned Full Bench of the Allalhabad High Court and concluded that a part of the cause of action which could even be on account of the place of residence of the Petitioners or any other factors, would enable the concerned Court to exercise jurisdiction. In view of this legal position, the submissions of Shri Nikam are negated. 6.