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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, Y.G. KHOBRAGADE
Dnyaneshwar S/o Vishnu Devkate – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
1. Heard. Rule in all these petitions. It is made returnable forthwith.
2. The learned AGPs and the learned advocate Mr. Nikam for respondent-Maharashtra State Council of Examinations (Examination Council) waive service. At the joint request of the parties, all these matters are heard together and are being disposed of by this common judgment to avoid rigmarole, since, with little variations of facts, all these petitions raise a common grievance.
3. We have also heard learned advocate, Mr. Dhakne, for intervenor in Writ Petition No. 10821 of 2024.
4. All these petitioners, having participated at Teachers Aptitude and Intelligence Test – 2022 (TAIT-2022) conducted by the Examination Council under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), and had registered themselves on the portal provided therefor, namely ‘Pavitra Portal’ by uploading their self-certification in the first round, are seeking writ of mandamus directing the Council to allow them to participate in the second round of the ensuing recruitment process of teachers in the State of Maharashtra and to permit them to edit their self-certification. This is the common
Eligibility for recruitment under the RTE Act requires candidates to meet qualifications and cut-off dates, prohibiting post-deadline edits to self-certification.
The Court upheld the disqualification of a candidate for multiple appearances in an examination, affirming that only the last completed application should be considered.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
Candidates pursuing teacher training courses are eligible for the Teacher Eligibility Test, regardless of their year of study, as clarified by the Supreme Court and NCTE.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
Reserved category candidates who availed eligibility concessions cannot migrate to the unreserved category based on merit scores, as it undermines educational standards.
Reserved category candidates who received eligibility concessions cannot migrate to the unreserved category based on merit scores, as this would undermine educational standards.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
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