Bombay High Court

SAYYED SAFURA YAZDANI JAGIRDARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Passing the TET examination is not a mandatory condition for appointments in minority institutions.

Summary

The petitioner, Sayyed Safura Yazdani Jagirdar, challenged an order dated 03/08/2019 issued by Respondent No.2 that made passing the Teacher Eligibility Test (TET) a condition for appointments in a minority institution. The petitioner sought relief, arguing that such a requirement violated the rights of minority institutions under the Constitution. The Court examined earlier decisions of the same Court which held that the TET examination is not a mandatory condition for minority institutions. Relying on those precedents, the Court concluded that the impugned order could not stand. Consequently, the order was quashed, the writ petition was disposed, and Respondent No.2 was directed to decide the petitioner’s proposal dated 26/05/2025 in accordance with earlier judgments within eight weeks.

Issues considered

Whether passing the Teacher Eligibility Test (TET) is a mandatory condition for appointments in minority educational institutions.
Whether the order dated 03/08/2019 imposing the TET requirement violates constitutional protections afforded to minority institutions.

Subjects

minority institution
TET examination
appointment
constitutional law
educational rights

Judgment

2026:BHC-AUG:41509-DB


                                                 1                    61-WP-11692-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 11692 OF 2026

                                SAYYED SAFURA YAZDANI JAGIRDAR
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                             OTHERS
                                                ...
              Mr. Hamzakhan I. Pathan, Advocate for the Petitioner
              Mr. V. M. Kagne, AGP for Respondents/State
              Mr. B. B. Bhise, Advocate for Respondent No.2
                                                ...

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.
                                           DATE : 08th SEPTEMBER, 2026

              PER COURT :

              1.           Several decisions are rendered by this Court holding

              that passing of TET examination is not mandatory condition in case

              of Minority Institutions.

              2.           Hence, the impugned order dated 03/08/2019 passed by

              respondent No.2, is quashed and set aside. The writ petition is

              disposed of by directing respondent No.2 to decide the proposal of

              the petitioner dated 26/05/2025 in the light of the order dated

              23/01/2023, passed by this Court in Writ Petition No.633/2023 and

              connected writ petitions and the order dated 13/03/2023 passed by

              this Court in Writ Petition No.2821/2023, within a period of eight

              weeks from the date of receipt of copy of this order.



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



              SVH
      2   61-WP-11692-26.odt




SVH

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