Bombay High Court

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

Disposal: Allowed
Bench: MILIND N JADHAV NANDESH SHANKARRAO DESHPANDE

Holding

The Court held that lack of MTET/CTET qualification cannot bar promotion; the petitioners may be appointed provisionally subject to obtaining the qualification by August 2028.

Summary

The petitioners, who appeared in the merit list of a competitive examination for the post of cluster head/centre head, feared that their lack of MTET/CTET qualification would lead to disqualification from promotion. They filed a writ petition seeking directions to be considered for appointment despite not having cleared the TET exams at the time of shortlisting. The Court, relying on the Supreme Court’s decision in Anjuman Ishaat‑e‑Taleem Trust v. State of Maharashtra, directed that the petitioners be appointed on a provisional basis, provided they obtain the required MTET/CTET qualification by August 2028. The Court ordered the petitioners to file undertakings to that effect within two weeks. It further held that if the qualification is not obtained within the stipulated period, any promotion and benefits would be automatically cancelled. The petition was allowed and disposed accordingly, with liberty to apply in case of difficulty.

Issues considered

Whether the absence of MTET/CTET qualification can disqualify candidates who have been placed on the merit list for promotion to the post of cluster head/centre head.
Whether the petitioners are entitled to provisional appointment pending acquisition of the required TET qualification.

Subjects

appointment
promotion
merit list
MTET
CTET
provisional appointment
writ petition
public service

Judgment

                                                               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 13 th 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.]


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