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2026 DAILYLAW 2788 (BOM)

RAMCHANDRA YASHWANT KADAM AND ORS. v. THE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION DEPARTMENT AND ORS.

WP/1387/2026 · 2026-07-07

Shri Milind N Jadhav, Shri Nandesh Shankarrao Deshpande

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 wp 1387-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1387 OF 2026 Ramchandra yashwant Kadam and Others. ...Petitioners. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Shantanu Gurav, Mr. Abhay Jadhawar, Mr. Rutik A. Kashid i/b Balaji Shinde for the Petitioner. —————— Coram : Milind N. Jadhav & Nandesh S. Deshpande , JJ. Date : July 7, 2026. P. C. : 1. Mr. Shantanu Gurav, learned Advocate appearing for the Petitioners seeks directions against the Respondents to consider them for appointment on the post of “cluster head” / “Centre head” as their names have been declared in the merit list in the competitive examination conducted by Examination Council. 2. Petition is iled on the basis of apprehension that in view of the result declared by the Examination Council on 13th March 2026 and in view of the fact that Petitioners have not qualiied the MTET / CTET examination at the time of shortlisting of candidates, the concerned competent authority will disqualify the Petitioner and keep them outside the recruitment process and not consider their candidature for promotion. Patil-SR 1 of 2 4 wp 1387-26.doc 3. Considering the Petitioners have qualiied and the only reason that the Petitioners’ apprehension is with regard that they have not qualiied the TET examination and in view of the decision of the Supreme Court in the case of Anjuman Ishaat-e-Taleem Trust v. The State of Maharashtra [2025 SCC OnLine SC 1912], we direct the Respondents to consider the Petitioners’ case if they have qualiied in the merit list for the purpose of promotion on provisional basis and grant them appointment on provisional basis subject to they acquiring MTET / CTET qualiication upto August 2028. Needless to state that if they do not acquire this qualiication within the prescribed timeline, whatever promotion and beneits they have received, will immediately and automatically stand cancelled. However, merely because they do not have the TET qualiication, their promotion will not be withheld. The Petitioners are directed to ile undertakings that they will qualify MTET/CTET examination before the date prescribed by the Supreme Court in the case of Anjuman Ishaat-e-Taleem (supra). Such undertakings will be iled with the management within a period of two weeks from today. 4. Petition is allowed and disposed of in the above terms. Liberty to apply in case of diiculty. [Nandesh S. Deshpande J.] [Milind N. Jadhav, J.] Patil-SR 2 of 2