Bombay High Court
Dipali Balu Koli vs The State Of Maharashtra Thr Its ... on 20 September, 2023
Author: G.S. Patel
Bench: G.S. Patel
P5-ASWPST-25810-2023+.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 25810 OF 2023
Kothavade Harshal Ravindra & Ors ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION (ST) NO. 25895 OF 2023
Gauravkumar Dilip Pawar & Ors ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 11570 OF 2023
Vivek Vishnu Raut ...Petitioner
Digitally
Versus
signed by
ASHWINI
ASHWINI
GAJAKOSH
State of Maharashtra & Ors ...Respondents
GAJAKOSH Date:
2023.09.21
09:57:34
+0530
WITH
WRIT PETITION NO. 11813 OF 2023
Shaikh Sumaiya Praveen Mohiuddin & Ors ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
WITH
Page 1 of 5
20th September 2023
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P5-ASWPST-25810-2023+.DOC
WRIT PETITION (ST) NO. 25945 OF 2023
Shrawankumar Mangaldas Padoti & Ors ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 11739 OF 2023
Pramod Vishnu Dandekar & Anr ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 11811 OF 2023
Suresh s/o Tulshiram Mahale ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION (ST) NO. 25765 OF 2023
Vaishali Shivdas Paradhi ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION (ST) NO. 25764 OF 2023
Dipali Bapu Koli ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
Page 2 of 5
20th September 2023
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P5-ASWPST-25810-2023+.DOC
WITH
WRIT PETITION (ST) NO. 25949 OF 2023
Avinash Gulab Gawale ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
Mr SB Deore, for the Petitioner in WPST/25810/2023 &
WPST/25895/2023.
Mr Madhav Thorat, i/b Nikhil Adkine, for the Petitioners in
WP/11813/2023 & WPST/25945/2023.
Mr Sidheshwar N Biradar, for the Petitioner in WP/11739/2023.
Mr Ratan Adhe, for the Petitioner in WP/11811/2023.
Mr Pankaj P Deokar, for the Petitioner in WP/25765/2023 &
WPST/25764/2023.
Ms Sneha S Bhange, for the Petitioner in WPST/25949/2023.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 20th September 2023 PC:-
1. These matters all pertain to the assignment of Sunil B Shukre and Firdosh P Pooniwalla JJ.
2. In another Writ Petition No. 11570 of 2023 (Vivek Vishnu Raut v State of Maharashtra & Ors), that Bench issued notice for final disposal. It also considered the question of interim relief. The statement before the Court was that the Petitioners were not seeking to avail of the benefit of the Teachers Entrance Test or TET Page 3 of 5 20th September 2023 ::: Uploaded on - 21/09/2023 ::: Downloaded on - 22/09/2023 01:48:50 ::: P5-ASWPST-25810-2023+.DOC examination held in 2018-19. But was seeking to appear for Teachers Aptitude and Intelligence Test ("TAIT") 2022 on the basis of the degrees of MSc. And B.Ed which that petitioner possessed. A condition of the advertisement dated 1st September 2022 was also assailed.
3. The application was opposed. In Paragraphs 10 and 11, on the matter of interim relief, the Division Bench held as follows:
"10. Considering the above referred facts and circumstances of the present case and the interim relief granted by the coordinate bench of this court at Aurangabad on 28th August 2023 in Writ Petition No. 9787 of 2003 and other ten Writ Petitions and also the last date of submission of application form, we are of the view that interest of both sides are required to be protected by passing a conditional order so that no prejudice is caused to anybody nor any inconvenience or deprivation.
11. We therefore, grant permission to the petitioner to submit his application for registration on Pavitra Portal provisionally subject to the following conditions;
a. Registration of the Petitioner on pavitra portal shall be provisional and subject to outcome of the petition.
b. No appointment shall be made merely on the basis of provisional registration on the Pavitra Portal, without prior permission of the Court.
c. The Petitioner would not claim any equity in his favour on the basis of interim relief. d. Interim relief hereby granted shall remain operative till filing of reply by the State.
e. Stand over to 11th October 2023. Page 4 of 5 20th September 2023 ::: Uploaded on - 21/09/2023 ::: Downloaded on - 22/09/2023 01:48:50 ::: P5-ASWPST-25810-2023+.DOC f. Parties to act on authenticated copy of this order."
4. We are told that the present matters are on an identical footing. These Petitioners also seek leave to have their applications registered on the Pavitra Portal provisionally subject to the same conditions as the previous Division Bench had imposed.
5. Having regard to the order passed by the Division Bench on 13th September 2023 we make the same order. The conditions quoted above will apply to these cases also.
6. The Petitioners must obtain a listing before the regular bench after 25th September 2023.
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