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2025 Supreme(Online)(Bom) 249208
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGEHON'BLE JUSTICE ASHWIN DAMODAR BHOBE
MANISHA BHAGWAN BHOYE – Appellant
Versus
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS – Respondent
WP/17470/2025
For the Appellants/Petitioners: Megha Mali
For the Respondents: P.P. Kakade, Priyanka Chavan, Ashwin R. Kapadnis
Court granted interim protection from termination to a teacher involved in TET exam malpractice, directing her to pass CTET by 31 Aug 2027, while allowing inquiries to continue.
Headnote:(A) Service Law - Teacher Eligibility Test - Examination Malpractice - Compassionate Appointment - Interim Protection - Condition to acquire qualification by passing CTET - The Court, following earlier orders in similar matters, directed that the petitioner be protected from termination solely due to cancellation of her TET examination result, but that she would not be entitled to further service benefits and that departmental inquiries and criminal investigation may proceed unhindered. The petitioner was also directed to pass the CTET examination on or before 31st August, 2027.
Facts of the case:
The petitioner was appointed on compassionate basis and was involved in the TET Examination result scam of 2019. Her name appeared in a list of around 7500 teachers/candidates alleged to have indulged in examination malpractice. The Court noted that in several earlier cases, it had passed orders protecting services of such employees from termination on condition that they acquire qualifications, while allowing departmental and criminal inquiries to continue.
Findings of Court:
The Court, considering the directions in earlier matters, granted interim protection from termination only because the TET result was cancelled. It directed the employer not to issue an order of termination for that reason alone. The salary of the petitioner, who was appointed on compassionate basis, would be paid by the management.
Issues: Whether the petitioner should be granted interim protection against termination pending final disposal of the writ petition, in light of the TET examination result cancellation.
Ratio Decidendi: The Court relied on its earlier precedent in Writ Petition No. 7943 of 2024 (Sagar Dattatray Chorghe v. The State of Maharashtra & Ors.) to condition the protection on the petitioner passing the CTET examination by a specified deadline. The protection was limited to the specific ground of result cancellation and did not extend to further service benefits or impede ongoing inquiries.
Result: Notice issued returnable on 2nd February, 2026. The petitioner is protected from termination solely due to cancellation of her TET result, subject to compliance with the condition to pass CTET by 31st August, 2027.
909-WP-17470-2025-(C).odt
Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2025.12.24 CIVIL APPELLATE JURISDICTION
13:44:53 +0530
WRIT PETITION NO. 17470 OF 2025
Manisha Bhagwan Bhoye ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
Miss. Megha Mali, Advocate for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. a/w Ms. Priyanka Chavan, AGP, for
Respondent Nos.1 to 3/State.
Mr. Ashwin R. Kapadnis, Advocate for Respondent Nos.4 & 5/Z.P.
Nashik.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 23rd DECEMBER, 2025
P.C. :-
1. The Petitioner is said to be involved in the Teacher
Eligibility Test (‘TET’) Examination result scam 2019. She was
appointed on compassionate basis. She did have a TET
qualification, hence she appeared for the examination and her name
now figures in the list of around 7500 teachers/candidates, who are
said to have indulged in examination malpractice.
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2. In several cases, this Court has passed orders at the
Principal Seat, Aurangabad Bench and Nagpur Bench, protecting
services of those employees who are in employment, by directing
their employers not to terminate their services, on the condition that
they should acquire the qualifications. However, it is also ordered
that Departmental Inquiries and/or criminal investigation would
proceed unhindered. So also those who are in employment would
not be entitled for any further service benefits, since their TET
Examination result has been cancelled.
3. Issue notice to the Respondents, returnable on
2nd February, 2026. The learned Additional G.P. waives service of
notice on behalf of Respondent Nos.1 to 3. Since the learned
Advocate, Mr. Kapadnis, is on the Panel of the Nashik Zilla
Parishad, we request to him to assist the Court. Therefore, he has
waived service of notice on behalf of the Nashik Zilla Parishad,
Respondent Nos.4 and 5.
4. Considering the directions issued in the various matters,
as noted in the opening paragraph of this order, we are protecting
the Petitioner from termination and direct the Employer not to issue
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order of termination only for the reason that her TET Examination
result has been cancelled. Rest of the directions in those cases,
would equally apply to the present Petitioner. The salary of the
Petitioner would be paid by the Management, keeping in view that
the Petitioner was appointed on compassionate basis.
5. Needless to state, in the light of the view taken by this
Court in Writ Petition No. 7943 of 2024 (Sagar Dattatray Chorghe
V/s. The State of Maharashtra & Ors.), the Petitioner shall ensure
that she passes the CTET examination, on or before 31st August,
2027.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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