Group of writ petitions raising a common question on applicability of TET to minority institution teachers. Hearing deferred as a Full Bench order awaits the Supreme Court decision in the Annie Pachiarani Bai matter; interim arrangements to be considered case by case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
(SR NO.16 ) WRIT PETITION NO. 4321 OF 2023 Ms. Samina Amin Shaikh … Petitioner versus Anjuman-I, Islam Peermohomed … High School and Others Respondents WITH WRIT PETITION NO. 5439 OF 2017 Priyanka Sureshkumar Rai and Another … Petitioners SNEHA NITIN versus CHAVAN The State of Maharashtra and Others … Respondents Digitally signed by SNEHA NITIN CHAVAN Date: 2024.08.21 15:18:01 +0530 WITH WRIT PETITION NO. 1566 OF 2024 Vijayakumari R. Yaram … Petitioner versus The President/ Secretary, Subhash Nagar Telugu Shikshan Mandal and Others … Respondents WITH WRIT PETITION NO. 5643 OR 2024 Dilipkumar G. Mishra … Petitioner versus The State of Maharashtra and Others … Respondents
WITH WRIT PETITION NO. 1556 OF 2024
Yateemkhana and Madrassa Anjuman-EKhairul Islam and Others … Petitioners
Sneha Chavan
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versus
State of Maharashtra and Others … Respondents
WITH
WRIT PETITION NO. 5452 OF 2017 Mrs. Ankita Pankajkumar Pandey (Miss Pramila Vikaschandra Mishra) and Anr … Petitioners versus The State of Maharashtra and Others … Respondents WITH WRIT PETITION NO. 16423 OF 2023 Stephie Sushant Ransing @ Stephie Sebastian John … Petitioner versus The State of Maharashtra and Others … Respondents WITH WRIT PETITION NO. 1207 OF 2024 Yateemkhana and Madrassa Anjuman Khairul Islam and Others … Petitioners versus State of Maharashtra and Others … Respondents WITH WRIT PETITION NO. 16475 OF 2023 Nazish Farhana Abdul Rehman Shaikh … Petitioner versus The State of Maharashtra and Others … Respondents WITH WRIT PETITION NO. 486 OF 2024 Monali Raviraj Musale … Petitioner versus The State of Maharashtra and Others … Respondents
Sneha Chavan
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AND (SR NO.17 ) WRIT PETITION NO. 340 OF 2022 Sou. Tehmina Kaulaali Kudachikar and Ors. … Petitioners versus The State of Maharashtra and Others … Respondents WITH (SR NO.17 ) WRIT PETITION NO. 1358 OF 2023 Amanulla Rahimatulla Mujawar … Petitioner versus The State of Maharashtra and Others … Respondents AND (SR NO.18 ) WRIT PETITION NO. 872 OF 2024 Yogita Pritam Sejale … Petitioner versus The State of Maharashtra and Others … Respondents
AND (SR NO.13 ) WRIT PETITION NO. 3866 OF 2024 (OS) Dhanashri Suryakant Khamkar … Petitioner versus The State of Maharashtra and Others … Respondents ……
Sr. No. 16:
Mr. Anwar I. Shaikh for the Petitioner in WP No. 4321 of 2023.
Mr. Arvind Kothari for Respondent Nos. 1 and 2 in WP No. 4321 of 2023.
Mr.Narendra Bandiwadekar, Senior Advocate with Mr.Vinayak Kumbhar, Rajendra Khaire, Aniket Phapale i/b. Mandar Bagkar for the Petitioners in WP No. 5439 of 2017 and WP No. 5452 of 2017.
Ms.Deepali Deherkar for the Petitioner in WP No. 1566 of 2024.
Sneha Chavan
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Mr.Sanjeev B. Deore with Suchita Pawar and Jitendra Pagare for the Petitioner in WP Nos. 16423 of 2023 and 5643/2024.
Mr.Rahul S. Kadam for the Petitioners in WP No. 1207 of 2024 and 1556/2024.
Mr.Ashwin R. Kapadnis for the Petitioner in WP No. 486 of 2024.
Mr. Satish Raut for the Petitioner in WP/16475/2023.
Ms.Chaitrali Deshmukh for Respondent Nos. 4 and 5 in WP Nos. 1207 of 2024 and 1556 of 2024.
Ms. Mahalakshmi Dakshinamurthy i/b Mr. Suresh M.Kamble for Respondent No.2 in WP Nos. 5452 of 2017 and 5439 of 2017.
Ms.Manisha Jagtap for the Respondent – PMC in WP No. 16475 of 2023.
Mr. S.B.Kalel, AGP for the Respondent -State in WP No. 4321 of 2023.
Mr.V.M.Mali, AGP for the Respondent -State in WP Nos. 5439/2017 and 486 of 2024.
Ms. A.A. Purav, AGP for Respondent/State in WP/1556/2024. Mr. S.H. Kankal, AGP for the Respondent -State in WP No. 5643 of 2024.
Mr. K.S. Thorat, ‘B’ Panel counsel for the Respondent -State in WP No. 5643 of 2024.
Ms. P.M. Joshi-Deshpande, AGP for the Respondent -State in WP Nos. 5452 of 2017.
Ms. T.J. Kapre, AGP for the Respondent -State in WP No. 16423 of 2023.
Mr. V.G. Badgujar, AGP for the Respondent -State in WP No. 1207 of 2024.
Sneha Chavan
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Sr. No. 13:
Mr. Sanjeevkumar Deore for the Petitioner.
Mr. Vishal Thadani, Addl. G.P. a/w Ms. Nazia Sheikh, AGP for Respondent No.1.
Sr. No. 17:
Mr. Prashant Bhavake a/w Utkarsh Desai for the Petitioner. Ms. A.A. Purav, AGP for Respondent Nos. 1 to 5 in WP/340/2022. Ms. Nisha Mehra, AGP for Respondent Nos. 1 to 5 in WP/1358/2023.
Mr. Ratan Adhe i/b Pankaj Deokar for Respondent No.3.
Sr. No. 18:
Mr. Rahul Kadam for the Petitioner.
Mr. Shivprasad Borade for the Respondent/Corporation.
CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ.
DATE : 20 AUGUST 2024
P.C. :
Sneha Chavan
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individually or as a group, from time-to-time. However, it is the Registry that has brought to our notice today the order passed by the Full Bench of this Court on 26 August 2022 in Writ Petition No. 13770 of 2018 and other petitions (Aurangabad Bench). The same issue has been referred to the the Full Bench in light of differing judgments of this Court. The Full Bench, by this order, has deferred the hearing in view of the pendency of proceedings before the Hon’ble Supreme Court on the issue framed in Special Leave Petition (Civil) Diary No. 17702/2021 in the case of the Director of School Education, Chennai and another v/s. B. Annie Pachiarani Bai and another. Therefore, hearing of these petitions also needs to be deferred.
Sneha Chavan
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even though approval is granted, on an undertaking given, the Court has directed inclusion of name in the Shalarth ID portal. The learned Senior Advocate for the Petitioners in Writ Petition No. 5452 of 2017 states that in one of the petitions filed, which is now pending for consideration of the Full Bench, an interim order is passed on 1 March 2019 which is operating, directing that salary shall not be withheld only on the ground of not possessing TET qualification.
(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)
Sneha Chavan
1 issue framed by the court
Whether the TET qualification criterion applies to teachers in minority education institutions.
Colour shows how this judgement treated each authority
Director of School Education, Chennai and another v/s. B. Annie Pachiarani Bai and anotherReferred
Special Leave Petition (Civil) Diary No. 17702/2021
Ms. Samina Amin Shaikh
Anjuman-I, Islam Peermohomed High School and Others
Priyanka Sureshkumar Rai and Another
The State of Maharashtra and Others
Vijayakumari R. Yaram
Dhanashri Suryakant Khamkar
Nitin Jamdar
M.M. Sathaye
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
