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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