Bombay High Court
Anjuman Mufidul Islam Education ... vs The State Of Maharashtra, Thr. ... on 9 October, 2025
Author: Mukulika Shrikant Jawalkar
Bench: Mukulika Shrikant Jawalkar
2025:BHC-NAG:10718-DB
924-wp5026.25.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5026 OF 2025
Anjuman Mufidul Islam Education Society and others
-Vs.-
The State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.Ram Karode, Adv.for the petitioners.
Mr.A.M.Kadukar, AGP for the respondents-State.
CORAM : SMT. M. S. JAWALKAR &
RAJ D. WAKODE, JJ.
DATE : 9TH OCTOBER, 2025
P.C.
Heard the learned counsel for the parties.
2. By way of this petition, the petitioners are seeking direction to respondent No.2-Deputy Director of Education Amravati and respondent No.3-Education Officer (Secondary), Zilla Parishad Buldhana to issue Shalarth ID in the name of petitioner No.3 within a period of two weeks and release the arrears of monthly salary of petitioner No.3.
3. It is the contention of the petitioners that the petitioner-Society is the minority institution and therefore, the proposal of petitioner No.3 for issuance of Shalarth ID cannot be rejected on the ground of not clearing the TET Examination. The petitioners relied on judgment in Writ Petition No.7225 of 2024 (Mohd.Yusuf Nek Naam Urdu KHUNTE 924-wp5026.25.odt 2/3 Shikshan Sanstha and others v. State of Maharashtra and anr.) as well as Writ Petition No.6542 of 2019 (Ku.Rekha Vishwanath Barduddhe and others v. State of Maharashtra and another), wherein in the similar circumstances this Court has directed to furnish undertaking subject to final outcome of the pending SLP, this Court relied on paras-7 and 8 in Writ Petition No.256 of 2020 (Hazrat Dada Hayat Qualandar Education Society and others v. State of Maharashtra and others decided on 13/06/2024), which are reproduced as under:
"7. That being so, we direct the respondents to grant approval to petitioner No.3, an employee of petitioner Nos. 1 and 2 minority institution, subject to the final outcome of the above referred S.L.P. and other similar matters.
8. The petitioner No.3 shall furnish an undertaking thereby stating that (a) his appointment and approval shall not create any absolute right in his favour; (b) he shall not claim any equity based on it; and (c) if so directed by the Education Officer, the petitioner No.3 shall reimburse the entire amount of salary on executing a bond to that effect to the Education Officer stating that amount paid to petitioner No.3 from public exchequer shall be redeposited with interest as shall be ordered by the Education officer.
Above conditions are incorporated as it is the stand of the respondents that petitioner No.3 does not hold requisite qualification of passing TET."
4. As the petitioner No.3 is ready to submit his undertaking and interest of the respondents is safe, he is KHUNTE 924-wp5026.25.odt 3/3 protected in terms of above said conditions and undertaking as stated in para-8 in the Writ Petition No.256 of 2020.
5. The petitioner No.3 to furnish an undertaking/bond within a period of two weeks before the Education Officer (Secondary), Zilla Parishad Buldhana.
6. In view of above terms, the petition stands disposed of. No costs.
(RAJ D. WAKODE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 13/10/2025 18:45:52 KHUNTE