Bombay High Court

YOUNG BOYS INDUSTRIAL CIRCLE DHULIYA THR ITS PRESIDENT HABIBUR R ABDUL MAJID AND ORSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The requirement of passing the TET examination is not a prerequisite for granting approval to teachers in minority institutions.

Summary

The Education Officer rejected the petitioner's proposal to appoint teachers because the petitioner had not passed the Teachers Eligibility Test (TET). The petitioners challenged this rejection, arguing that TET is not a mandatory condition for teachers in minority institutions. The Court examined its prior jurisprudence and held that the requirement of passing TET is not a prerequisite for granting approval to teachers in minority institutions. Consequently, the impugned order dated 09.06.2026 was quashed. The matter was remanded to the Education Officer for fresh consideration on its merits.

Issues considered

Whether passing the Teachers Eligibility Test (TET) is a prerequisite condition for granting approval to teachers in minority institutions.

Subjects

TET
Minority Institution
Teacher Eligibility
Education Law
Writ Petition

Judgment

2026:BHC-AUG:40486-DB


                                                  *1*                    12-wp-11286-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                12 WRIT PETITION NO. 11286 OF 2026

                   Young Boys Industrial Circle Dhuliya Through Its President
                                Habibur R Abdul Majid And Others
                                            VERSUS
                 The State Of Maharashtra Through Its Principal Secretary And
                                             Others
                                               ...
                Mr. Moinuddin h/f. Mr. S. S. Kazi, Advocate for the Petitioner
                Mr. B. B. Bhise, AGP for Respondents/State
                                               ...

                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 3rd SEPTEMBER 2026

                P. C. :-

                1.         Rule. Rule is made returnable forthwith. Heard finally

                with the consent of the parties.

                2.         Respondent No.3-Education Officer has rejected the

                proposal of the petitioner solely on the ground that the

                petitioner has not passed the TET (Teachers Eligibility Test)

                Examination.

                3.         This Court has consistently taken a view that requirement

                of passing the TET Examination is not a prerequisite condition

                for granting of approval of the teachers working in minority

                institutions. By ignoring the said legal position, Respondent


                Narwade
                                *2*                    12-wp-11286-2026


No.3 has passed the impugned order. Hence, the impugned

order cannot be sustained.

4.        The Writ Petition is allowed. The impugned order dated

09.06.2026 passed by Respondent No.3 is quashed and set side.

The matter is remanded back to Respondent No.3 for

consideration afresh on its merits.




(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




Narwade

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