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Bombay High Court

ABHAY KUBER CHOUGULEversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS

Disposal
Disposed Off

Holding

The Deputy Director must issue a provisional Shalarth ID to the petitioner, extending the time to satisfy the TET qualification condition.

Summary

The petitioner, Abhay Kuber Chougule, sought a Shalarth ID after his appointment was approved, but the Deputy Director of Education withheld it. The petitioner argued that the withholding was unjustified absent any fraud or misrepresentation. The court examined whether the Deputy Director could lawfully deny the ID pending the petitioner’s qualification in the TET examination. Relying on the Supreme Court’s decision in State of U.P. v. Anjuman Ishaat‑E‑Taleem Trust (2026 INSC 597), the court held that a provisional Shalarth ID must be granted and the deadline to pass the TET extended to 30 August 2028. Consequently, the writ petition was allowed and the Deputy Director was directed to issue the ID.

Issues considered

  • Whether the Deputy Director of Education can withhold the Shalarth ID without evidence of fraud, misrepresentation, or other disqualifying factors.
  • Whether a provisional Shalarth ID should be granted pending the petitioner’s fulfillment of the TET qualification requirement.

Subjects

  • Shalarth ID
  • TET examination
  • provisional appointment
  • education service
  • writ petition
  • Supreme Court precedent

Judgment

                                                                             P6-16220-24-WPsp.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIRCUIT BENCH AT KOLHAPUR
                               CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO. 16220 OF 2024

                                        Abhay Kuber Chougule
                                                 Vs.
                                   The State of Maharashtra and ors

             Mr. Prashant S. Bhavake, advocate for the Petitioner
             Mr. A. P. Vanarase, AGP for the State

                                         CORAM : MILIND N. JADHAV, &
                                                 NANDESH S. DESHPANDE, JJ.
                                         DATE : 31st JULY 2026

             P. C. :

             1.        Not on board. Mentioned by way of filing a praecipe dated

             31st July 2026. Perused the praecipe.


             2.        Heard Mr. Bhavake, learned Advocate for the Petitioner and

IRESH
MASHAL       learned AGP for the State.
Digitally
signed by
IRESH
MASHAL
Date:
2026.08.06
18:38:17
             3.        Once the appointment of the Petitioner is approved, the action
+0530




             taken by the Deputy Director withholding the Shalarth ID for no

             reason,      unless   the   Petitioner's       case   is   covered     by    fraud,

             misrepresentation, or any other issue, it cannot be sustained. We

             direct the Deputy Director of Education to issue the Shalarth ID.


             4.        However, since the Petitioners have not acquired the TET

                                                   1 of 2
              This order is corrected pursuant to speaking to the minutes order dated 06.08.2026
                                                                           P6-16220-24-WPsp.doc


        qualification, in terms of the extant decision of the Supreme Court

        in the case of State of U.P. Vs. Anjuman Ishaat-E-Taleem Trust and

        Ors1, we direct that provisional Shalarth ID shall be granted, and the

        Petitioners' time for compliance with the condition of passing the

        TET examination stands extended up to 30th August 2028.


        5.       The writ petition stands allowed and disposed of in the above

        terms.




        [NANDESH S. DESHPANDE, J.]                             [MILIND N. JADHAV, J.]
Iresh




        1    2026 INSC 597

                                                 2 of 2
            This order is corrected pursuant to speaking to the minutes order dated 06.08.2026


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