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Bombay High Court

SUMA RAMESH GHUTEversusTHE MAHARASHRA STATE COUCIL OF EXAMINATION AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that, in the absence of specific material linking the petitioners to the alleged TET malpractices, no coercive action such as salary withholding can be taken and the petitioners' salaries must be released, with any future action subject to due process.

Summary

The petitioners, both assistant teachers employed by tribal Ashram schools, were served with orders debaring them from the Teacher Eligibility Test (TET) for alleged malpractices in the 2018 and 2019 examinations and their salaries were subsequently withheld by the Project Officer of the Ministry of Tribal Development. The petitioners challenged these orders under Article 226 of the Constitution, arguing that they were not served with notice, that no specific material linked them to the alleged malpractices, and that the blanket action violated due process. The Court noted that similar orders had been issued against thousands of candidates and that earlier judgments of the same Bench had held that no coercive action could be taken against individual teachers absent specific material and proper procedure. Relying on those precedents, the Court directed the immediate release of the petitioners' withheld salaries and held that any future action must follow due legal process. The writ petitions were therefore disposed of in accordance with the earlier orders, with liberty granted to the respondents to proceed only if concrete evidence emerges.

Issues considered

  • Whether the orders debaring the petitioners from TET and withholding their salaries are valid without service of notice and specific evidence of malpractice.
  • Whether a blanket action can be taken against teachers based solely on the general debarment orders issued by the Maharashtra State Council of Examination.
  • Whether the petitioners are entitled to salary release pending any material evidence and due process.

Legislation cited

Subjects

  • Article 226
  • Teacher Eligibility Test
  • malpractice
  • salary withholding
  • due process
  • debarment
  • administrative law
  • public service

Judgment

                                                                  908-WP-15326-15327-2023



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO.15326 OF 2023

Suma Ramesh Ghute                                             ...Petitioner
     Versus
The Maharashtra State Council of Examination & Ors.           ...Respondents

                                WITH
                    WRIT PETITION NO.15327 OF 2023

Sampada Prakash Khamkar
after marriage Sampada Chetan Mhatre                          ...Petitioner
       Versus
The Maharashtra State Council of Examination & Ors.           ...Respondents
                                   _______
Mr Ashok B Tajane, with Athira H Nair, for Petitioners.
Mr Sumedh S Modak, i/b Vijay Killedar, for Respondent No.1.
Mr Graham Francis (V/C) i/b Vishwanath Talkute, for Respondent No.6 in WP
15327/2023.
Mr Sachin S Punde, with Suraj Jadhav & Mansi Bansode, for Respondent Nos.6
and 7 in WP 15326/2023.
Mr P P Kakade, AGP with Mr V. G. Badgujar, AGP for Respondent – State.
                                     _______

                           CORAM:         G. S. KULKARNI &
                                          DR. NEELA GOKHALE, JJ.

                           DATE:          02nd SEPTEMBER 2026

P.C.

1.     Both the Writ Petitions involve identical issues; hence, they are being

decided by this common Judgment and Order.

2.     By way of these Writ Petitions under Article 226 of the Constitution of

India, the Petitioners seek a relief that the orders dated 3 rd August 2022 and 14th

October 2022 passed by Respondent No. 1 – Commissioner; the oral order dated


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26th October 2023 passed by Respondent No. 2 – Additional Tribal

Commissioner, Thane; and the order dated 3 rd November 2023 passed by the

Project Officer of Respondent No. 5 – Ministry of Tribal Development be quashed

and set aside.

Facts in Writ Petition No. 15326 of 2023

3.        The Petitioner is working as an ‘Assistant Teacher’ in Respondent No. 7 –

Primary Ashram Shala in Ranshet. She completed her Diploma in Education

(D.Ed.) in September 2010. She was appointed as a Shikshan Sevak from 22 nd

September 2014 to 21st September 2017. Respondent No. 2 appointed her as a

Primary Shikshan Sevak on 11th November 2016. In accordance with the

Government Resolution (‘GR’) dated 23rd June 2017, the Government of

Maharashtra introduced the Pavitra Portal to promote transparency in the selection

process of teachers and implemented the Teacher Eligibility Test (‘TET’) for the

first time. Respondent No. 6 – Management conferred permanent status upon the

Petitioner by order dated 5th October 2017, subsequent to the completion of three

years of service as a Shikshan Sevak.

4.        By GR dated 14th November 2017, the Government of Maharashtra

declared that candidates qualified in the C-TET are eligible for appointment as

teachers for Standards 1 to 8. Respondent No. 1, the Maharashtra State Council of

Examination, administered the Maharashtra-TET on 15 th July 2018. The Petitioner

secured reasonable marks in the aforementioned examination from the reserved

category (ST). On 19th January 2019, she received her final approval order.

Subsequently, on 19th June 2019, the State issued a notice for inclusion on the



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Pavitra Portal. The Petitioner again appeared for the TET examination conducted

in the year 2019.

5.        Respondent No. 1, by its order dated 3 rd August 2022, held the Petitioner

liable for malpractices in the Maharashtra TET examination of 2019. Subsequently,

by a separate order dated 14th October 2022, Respondent No. 1 found the

Petitioner responsible for malpractices in the TET examination of 2018. By order

dated 30th October 2023, this Court, in identical matters involving other teachers,

directed that no coercive action be taken against such teachers, who were

Petitioners in Writ Petition No.13499 of 2023, as well as other related petitions.

This Court confirmed the said order by its order dated 1 st November 2023.

Despite the aforementioned orders, the Project Officer of Respondent No. 5 passed

an order dated 3rd November 2023, instructing the Management to stop the

Petitioners’ salaries in view of the oral order dated 26 th October 2023, passed by

the Additional Tribal Commissioner, Thane. The Petitioner learnt about the orders

dated 3rd August 2022 and 14th October 2022 only on 3rd November 2023 from

the Teachers’ Union. Hence, she is before this Court.

Facts in Writ Petition No. 15327 of 2023.

6.        The Petitioner is working as an ‘Assistant Teacher’ in Respondent No. 7 –

Anudanit Prathamik Ashram Shala, Waki. She completed her D. Ed. in September

2011, securing 83.35%. She was appointed as a Shikshan Sevak from 13 th January

2014 to 12th January 2017 by order dated 6th January 2014, issued by Respondent

No. 6 –Management, based on her H.S.C. qualification with D. Ed. Her

appointment as a Primary Shikshan Sevak was further sanctioned by Respondent



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No. 2 – Additional Tribal Commissioner, by order dated 14 th July 2014.

Respondent No. 6 – Management, made the Petitioner permanent by order dated

14th January 2017, i.e., on completion of three years of service as a Shikshan Sevak.

7.        The Petitioner appeared for the Maharashtra TET exam conducted by

Respondent No. 1 on 15th July 2018. She scored 64.66% from the open category,

surpassing the 60% qualifying mark. On 11 th December 2019, Respondent No. 2

granted her final approval as a regular primary teacher, effective from 13 th January

2017. She later appeared for the TET-2019 exam again and scored 60.14%. In

August 2023, she appeared for the C-TET conducted by the Central Board of

Secondary Education, New Delhi, scoring 94 out of 150. The result was declared

on 25th September 2023.

8.        Respondent No.1, by its order dated 3 rd August 2022, held the Petitioner

liable for malpractices in the Maharashtra TET examination of 2019, cancelled her

result, and permanently debarred her from appearing in any further TET

examination. By a separate order dated 14 th October 2022, Respondent No.1 held

the Petitioner liable for malpractices in the TET examination of 2018 and passed

identical directions cancelling the result of that examination. Neither order was

served on the Petitioner. Despite the orders of this Court dated 30 th October 2023

and 1st November 2023 referred to above, the Project Officer of Respondent No.5

passed an order dated 3rd November 2023 directing the Management to stop the

Petitioner’s salary in view of the oral order dated 26 th October 2023 passed by the

Additional Tribal Commissioner, Thane. The said order was served on the

Petitioner by the Head Master on 3 rd November 2023; only upon enquiring with



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the Teachers’ Union, did the Petitioner learn of the orders dated 3 rd August 2022

and 14th October 2022. Hence, she is before this Court.

9.        Heard Mr Ashok B Tajane, learned counsel for the Petitioners; Mr Sumedh

S Modak, learned counsel for Respondent No. 1; Mr P. P. Kakade, learned AGP for

Respondent – State; Mr Sachin S Punde, learned counsel for Respondent No. 6 in

Writ Petition 15326 of 2023; and Mr Graham Francis, learned counsel for

Respondent No. 6 in Writ Petition 15327 of 2023.

Analysis

10.       The issue in these Writ Petitions is already covered by various judgments of

this Court. In its orders passed in various identical petitions, this Court has

observed that the TET conducted in the year 2019-20 by Respondent No. 1 is the

subject of controversy in several proceedings, as Respondent No. 1 has admitted

that there were malpractices on a large scale. Accordingly, Respondent No. 1

notified the debarment of 7880 candidates, who, according to Respondent No. 1,

are likely to have benefited from the malpractices. A similar exercise has been

undertaken by Respondent No. 1 in respect of the TET examination held on 15 th

July 2018, in which, according to the impugned order dated 14 th October 2022,

1663 candidates are stated to have secured qualification by malpractice. However,

till date, there is no finality regarding the investigation in either examination. Both

Petitioners in the present Petitions aver that neither of them is concerned or

connected with the alleged malpractices, and there is no material against them in

that regard.

11.       The Division Bench of this Court in its order dated 1 st November 2023



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observed as under:

               “3.       Prima facie we find much substance in the contentions as urged on
               behalf of the petitioners. It cannot be that a blanket action is taken merely
               on the basis of the impugned order dated 3 August 2022, as also so far no
               action has been resorted against the petitioners, when malpractices as alleged
               pertain to the examination held about 4-5 years back after the order having
               been passed. Respondent No.1 has even not informed to the employers of
               the petitioner, Respondent Nos. 6 & 7 nor to the other respondents. If this
               be the case, there cannot be a coercive action against the petitioners unless
               due procedure in law is followed.
               4.        We are accordingly of the opinion that the present proceedings can
               be conveniently disposed of by observing that in the event any material is
               available against the petitioners, Respondent No.1 shall communicate such
               material through Respondent Nos.3 & 4 to Respondent No.6 and in such
               event an action against the petitioner is being taken, the same be taken by
               following the due procedure in law.
               5.        All contentions of the parties on such issues are expressly kept
               open. However, till such material is available and communicated, as
               observed by us above, no coercive action merely on the basis of the order
               dated 3 August 2022 be taken against the petitioners.
               6.        It is informed by Mr. Bubna, learned counsel for the petitioner
               that on the basis of the order dated 3 August 2022, the salary of the
               petitioner has been withheld. As we have already observed, in the event
               there is any material against the petitioner, the appropriate procedure will be
               required to be followed. The salary of the petitioner cannot be withheld
               merely on the basis of the impugned communication dated 3 August 2022.
               Respondent Nos.4 & 5 are accordingly directed to release the outstanding
               salary of the Respondent Nos.4 & 5.
               7.        In the event, a proposal is received from Respondent Nos. 6 & 7 in
               pursuance of any proposal which is forwarded by Respondent Nos.6 & 7, an
               appropriate action in this regard be taken within a period of six weeks from
               today.”

12.       Mr. Tajane, the learned counsel appearing for the Petitioners, also drew our

attention to the order dated 4th November 2023 passed by this Court in Writ




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Petition No. 13796 of 2023. Paragraphs 3 to 5 of the said order are as follows:

                   “3. Mr. Tajane has drawn our attention to the fact that this Court has
                   decided a batch of petitions in the case of Savita Vyankatrao Deshmukh
                   Vs. The Maharashtra State Council of Examination & Ors.1 by an order
                   dated 30th October, 2023. It is the submission that the present proceeding
                   would be covered by the said orders passed by us.
                   4. Learned counsel for the respondents would also not dispute such
                   submission. This petition accordingly can be conveniently disposed of in
                   terms of our order passed in the case of Savita Vyankatrao Deshmukh Vs.
                   The Maharashtra State Council of Examination & Ors. (supra) and other
                   batch of matters.
                   5.         We accordingly direct that the concerned Authorities shall
                   immediately take steps to disburse the salaries of the petitioner which are
                   withheld only for the reason of the blanket action taken by respondent no.1.
                   The salary be accordingly released within a period of two weeks from today.”



13.         This Court (Aurangabad Bench) has passed similar orders in as many as 808

petitions. In all these cases, the teachers, i.e., the Petitioners therein, have been

protected from coercive action.

14.         Thus, Mr Tajane submitted that the present proceedings would also be

covered by the previous orders aforesaid. Mr P. P. Kakade, the learned Additional

Government Pleader, has not shown us any order interfering with the aforesaid

orders. These petitions can therefore be conveniently disposed of in terms of the

previous orders mentioned above.

15.         We accordingly direct the concerned authorities to immediately take steps to

disburse the salaries of the Petitioners, which have been withheld solely on account

of alleged malpractices in the TET examinations of 2018 and 2019-2020 despite

the Petitioners rendering regular service. The salaries shall be released within three

1
    Writ Petition No. 13499 of 2023 dated 30th October 2023.



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weeks from today.

16.        However, we grant the Respondents liberty to proceed against the

Petitioners in the event of any material being found against them in any pending

investigation, which shall be strictly following the appropriate procedure in

accordance with law.

17.        Both the Writ Petitions stand disposed of in the aforesaid terms. No costs.




(DR. NEELA GOKHALE, J)                                      (G. S. KULKARNI, J.)


            Digitally
            signed by
            SHAMBHAVI
  SHAMBHAVI NILESH
  NILESH    SHIVGAN
  SHIVGAN   Date:
            2026.09.07
            17:24:15
            +0530




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