Bombay High Court

TUKARAM VITTHAL GIRI AND ORSversusTHE STATE OF MAHARASHTRA THR.ITS PRINCIPAL SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS

Decided: 10 April 2026
Disposal: Disposed Off
Bench: RAVINDRA V GHUGE ABHAY MANTRI

Holding

The cut‑off date for eligibility to the 2025‑2026 Cluster Head LDCE shall be 1 January 2026, and candidates with six years of service and TET qualification by that date are eligible.

Summary

The Bombay High Court examined several writ petitions challenging the eligibility criteria for the Limited Departmental Competitive Examination (LDCE) for promotion to Cluster Head in Maharashtra. The petitioners argued that the cut‑off date for six years of service and the Teacher Eligibility Test (TET) qualification should be 1 January 2025 as per the Recruitment Rules, and that the State’s corrigendum extending the cut‑off to 1 January 2026 was unlawful. The Court considered the statutory mandate that TET is a compulsory qualification under the Right to Education Act and recent Supreme Court precedent requiring TET for promotion. Balancing the statutory cut‑off rule against the practical prejudice to thousands of candidates who had already appeared for the exam, the Court held that, as a one‑time pragmatic measure, the cut‑off date shall be 1 January 2026 and candidates meeting the six‑year service and TET requirements by that date are eligible. All the writ petitions and interim applications were consequently disposed of.

Issues considered

The statutory cut‑off date for service experience under the Recruitment Rules versus the State’s corrigendum extending it to 1 January 2026.
Whether TET is a mandatory qualification for promotion to Cluster Head under the Right to Education Act.
Whether the notification dated 13 March 2026 and Clause 4.5 of the advertisement are ultra‑vires and unconstitutional.
Whether the State may alter eligibility criteria mid‑process without violating Article 14.
The appropriate remedy to avoid prejudice to candidates who appeared for the LDCE.

Legislation cited

Constitution of India — s. Article 14, Article 142, Article 21A
Right to Education Act, 2009 — s. 23

Subjects

TET
Recruitment Rules
Cut‑off date
Cluster Head promotion
Right to Education Act
Article 14
Administrative law
Writ petition
Mandamus
Certiorari
Eligibility criteria

Judgment

CH-WP-2993-2026-(C).odt

Digitally signed

SUNNY
by SUNNY
ANKUSHRAO
THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO
Date:
THOTE 2026.04.15
17:36:21
+0530
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2993 OF 2026

1. Ajay Chokha Kate
aged 49 yrs., Occu. Service
Residing at 405/A, Janki Villa,
Manisha Nagar, Kalwa (W)
Thane : 400605
2. Kalidas Manik Dhiwar
Aged 48 yrs., Occu. Service
Residing at: D Type Building, B- Wing,
Flat No. 101, Amrutwani Complex,
Temghar Pada, Bhiwandi,
Dist Thane Pin 421302
3. Kanchan Pandurang Bhoir
Aged 44 yrs., Occu. Service
Residing at D-603 Murli Kunj, Mangeshi
City Phase 1, Koliwali Road, Kalyan West,
Thane, Maharashtra - 421301
4. Rajashri Nitin Patil,
Aged 44 yrs., Occu. Service
Residing at 303, B-1, Anand Sagar Duos,
Wadeghar Rd, Kalyan (West), Thane
5. Ashok Umrao Tagade
Aged 36 yrs., Occu. Service
residing at At Post Vairagad, Tal Armori.
Dist Gadchiroli 441217
6. Narendra Khandu Rathod
Aged 39 yrs., Occu. Service
Residing at Nagwadi, Post Samsherpur,
Tal. Akole, Dist. Ahilyanagar
7. Alankar Kanha Warghade
Aged 52 yrs., Occu. Service
residing at 702 B-15 Mansarovar,
PO-Dandekarwadi Bhiwandi,
Dist-Thane 421305

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8. Shivaji Sanjay Renapure
Aged 43 yrs., Occu. Service
Residing at A/P Dolhara Block Mokhada,
Dist Palghar 401604
9. Santosh Laxman Sadgir
Aged 45 yrs., Occu. Service
Residing at Saichhabi Niwas Near, Peer Sai
Mandir, Shivajinagar, Dhumalwadi Tal-
Akole, Dist. Ahilyanagar Pincode 422601
10. Dr. Shivaji Ramrao Karale
Aged 48 yrs., Occu. Service
Residing at Malhar Nivas, Shree Nagar,
Near BSNL Office Mukhed, Tal. Mukhed
Dist. Nanded 431715
11. Nitin Keshav Patil,
Age 45 years, Occu. Service
residing at 405/3, Regency Sarvam Titwala
East, Tal - Kalyan
12. Sanjay Narayan Ghagas
Aged 52 yrs., Occu. Service
Residing at murbad, Zilla Thane.
13. Nitin Krishna Ingale,
Aged 46 yrs., Occu. Service
38/C-5, Snehabandhan Society, Savarkar
Nagar, Thane West
14. Santosh Subhash Sonawane
Aged 52 yrs., Occu. Service
502 Sdhanshu Kiran Society, Nr. Shree
Complex Adharawadi, Kalyan West
Thane Maharashtra 421301
15. Sudhir Padmakar Patole
Aged 45 yrs., Occu. Service
Residing at Shahpur, Dist. Thane
16. Ganesh Balkrishna Pawar
Aged 43 yrs., Occu. Service
Residing at Pawale, Tal. Post Murbad,
Dist. Thane Pin 421401

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17. Sachin Deorao Dhatrak
Aged 35 yrs., Occu. Service
Residing at Post Yeoli, Tal & Dist
Gadchiroli 442605
18. Rajkumar Vitthal Kadav
Aged 48 yrs., Occu. Service
Residing at murbad, Dist. Thane.
19. Purushottam Shalikram Gaikwad
Aged 44 yrs., Occu. Service
Residing at Sainagar, Behind Carmel High
School, Dhanora Road Gadchiroli 442605
20. Sagar Santu Khade
Aged 42 yrs., Occu. Service
Residing at Village Kagani, Taluka
Chandgarh, Dist. Kolhapur
21. Kapildas Abhimanyu Sahare
Aged 39 yrs., Occu. Service
Residing at karkabuj Tal. Etapalli,
Gadchiroli.
22. Santosh Jairam Surjagade
Aged 39 yrs., Occu. Service
Residing at Kukkameta Post
Tal. Bhamragad, Dist. Gadchiroli
23. Ravindra Narayan Panchal
Aged 42 yrs., Occu. Service
Residing at Ap-Raipatan, Tal Rajapur
Dist Ratnagiri
24. Hiteshkumar Balkrushna Rahangdale
Age 43 yrs, Occu. Service,
Residing At Post Wadegaon, Tal. Tirora,
Dist Gondia 441911
25. Pradeep Manohar Patil
Aged 39 yrs., Occu. Service
Reising at Plot No 25, Sai Nagar, Behind
Carmel School, Gadchiroli
26. Santosh Pandharinath Ghule
Aged 42 yrs., Occu. Service

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Residing At Post - Sarole Pathar, Taluka
Sangamner, Dist - Ahilyanagar 422620.
27. Gurudeo Waman Kirnapure
Aged 39 yrs., Occu. Service
Residing at At Post Porla, Tal & Dist.
Gadchiroli
28. Solanki Shrikisan Narayanrao
Age 41 years, Occu. Service
001 C Wing Shreepushpam Society, Near
Amrut Society, Karjat Road, Badlapur
(East), Tal Ambarnath, Dist. Thane 421503
29. Atul Bhishmacharya Lokhande
Aged 40 yrs., Occu. Service
Residing at Arratondi, Taluka Desaiganj,
Dist. Gadchiroli
30. Yogesh Babaso Habale
Aged 46 yrs., Occu. Service
Residing at Herle, Taluka Hathkangle
Dist Kolhapur 416085
31. Ravindra Sitaram Bagul
Aged 45 yrs., Occu. Service
Residing at Plot No. 14, Kadam Mala,
Aadgaon Nashik
32. Amit Rajeshwar Meshram
Aged 39 yrs., Occu. Service
Residing at At Post Kordha Tal. Nagbhir,
Dist Chandrapur
33. Savita Vilas Rathod.
Aged 37 yrs., Occu. Service
Residing at Katrap Badlapur (E) 421503
34. Pramod Prabhakar Rohankar
Aged 43 yrs., Occu. Service
Residing at Post Taluka Aheri, District
Gadchiroli 442705
35. Vidya Jagannath Sonule
Aged 35 yrs., Occu. Service

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Residing at Navegao, Po. Mudza, Tal. &
Dist Gadchiroli.
36. Dattatray Ambadas Panchal
Aged 45 yrs., Occu. Service
Residing at Post Shivali, Tal. Ausa,
Dist Latur
37. Jitendra Ramchandra Nagrale
Aged 54 yrs., Occu. Service
Residing at 12, Shivanand Height,
Modkeshwar Nagar, Kamathwade Shi
38. Sunil Pandurang Bokade
Aged 38 yrs., Occu. Service
Residing at nayanwadi, Taluka Etapalli,
Dist. Gadchiroli.
39. Pankaj Sudhakarrao Wakudkar,
Aged 37 yrs., Occu. Service
Residing at Vitthalpur, PO Ganpur, Tal.
Chamorshi, Dist. Gadchiroli
40. Pantanit Bhauji Satpute
Aged 35 yrs., Occu. Service
Residing at Dugala Mal, Taluka Mul, Dist.
Chandrapur
41. Dnyaneshwar Yadavrao Markante
Mudrankur, Aged 43 yrs., Occu. Service
Residing at Sinchan Nagar, Taroda Tq.,
Nanded 431602
42. Dattatraya Annappa Salgar
Aged 40 yrs., Occu. Service
Residing at Huljanti, Taluka Mangalveda,
Dist. Solapur
43. Ashish Ashok Yellewar
Age: 38 Yrs. Occu Service
Residing at Vanshri Colony, Navegaon,
Gadchorili
44. Vishal Tukaram Jadhav
Age: 39; Occu. Service

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Residing at Tal. Mangalvedha,
Dist. Solapur.
45. Dhondappa Ananda Sawant
Age: 42 yrs; Occu. Service
At Post Nandur, Taluka Mangalwedha,
Dist. Solapur
46. Rasul Husensahab Shaikh
Age: 41 years; Occu. Service.
R/At Undergaon, Post Hipparga
Tal. Lohara, Dist. Dharashiv ….Petitioners
Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Secretary, School Education
Department, Mantralaya, Mumbai
3. The Maharashtra State Council for
Examination, Through the Commissioner
Having address at Survey No. 832A, Final
Plot No. 178 and 179, Near Balchitrawani,
Bhamburda Shivaji Nagar, Pune 411 001 ….Respondents

WITH
INTERIM APPLICATION NO. 2221 OF 2026
IN
WRIT PETITION NO. 2993 OF 2026

Raju Kacharu Ghotekar
Age: 39 yrs, Occu: Service,
R/o.: Nr. Bhairvnath Temple,
Shinde Mala, Dhondvirnagar, Manegaon,
Nashik – 422103. ….Applicant

IN THE MATTER BETWEEN

1. Ajay Chokha Kate
aged 49 yrs., Occu. Service,
Residing at 405/A, Janki Villa,

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Manisha Nagar, Kalwa (W)
Thane: 400605.
2. Kalidas Manik Dhiwar
Aged 48 yrs., Occu. Service
Residing at: D Type Building, B- Wing,
Flat No. 101, Amrutwani Complex,
Temghar Pada, Bhiwandi,
Dist Thane-421302.
3. Kanchan Pandurang Bhoir
Aged 44 yrs., Occu. Service
Residing at D-603 Murli Kunj, Mangeshi
City Phase 1, Koliwali Road, Kalyan West,
Thane - 421301.
4. Rajashri Nitin Patil,
Aged 44 yrs., Occu. Service
Residing at 303, B-1, Anand Sagar Duos,
Wadeghar Rd, Kalyan (West), Thane.
5. Ashok Umrao Tagade
Aged 36 yrs., Occu. Service
residing at: At Post Vairagad Tal Armori.
Dist Gadchiroli 441217.
6. Narendra Khandu Rathod
Aged 39 yrs., Occu. Service
Residing at Nagwadi, Post Samsherpur,
Tal. Akole, Dist. Ahilyanagar
7. Alankar Kanha Warghade
Aged 52 yrs., Occu. Service
residing at 702 B-15 Mansarovar,
PO-Dandekarwadi Bhiwandi, Dist-Thane
421305.
8. Shivaji Sanjay Renapure
Aged 43 yrs., Occu. Service
Residing at A/P Dolhara Block Mokhada,
Dist Palghar 401604.

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9. Santosh Laxman Sadgir
Aged 45 yrs., Occu. Service
Residing at Saichhabi Niwas, Nr. Peer Sai
Mandir, Shivajinagar, Dhumalwadi
Tal-Akole, Dist. Ahilyanagar.
10. Dr. Shivaji Ramrao Karale
Aged 48 yrs., Occu. Service
Residing at Malhar Nivas, Shree Nagar,
Near BSNL Office Mukhed, Tal. Mukhed
Dist. Nanded 431715.
11. Nitin Keshav Patil,
Age 45 years, Occu. Service
residing at 405/3, Regency Sarvam Titwala
East, Tal - Kalyan.
12. Sanjay Narayan Ghagas
Aged 52 yrs., Occu. Service
Residing at murbad, Zilla Thane.
13. Nitin Krishna Ingale,
Aged 46 yrs., Occu. Service
38/C-5, Snehabandhan Society, Savarkar
Nagar, Thane West
14. Santosh Subhash Sonawane
Aged 52 yrs., Occu. Service,
502 Sdhanshu Kiran Society, Nr. Shree
Complex Adharawadi, Kalyan West Thane -
421301.
15. Sudhir Padmakar Patole
Aged 45 yrs., Occu. Service,
Residing at Shahpur, Dist. Thane.
16. Ganesh Balkrishna Pawar
Aged 43 yrs., Occu. Service,
Residing at Pawale, Tal. Post Murbad,
Dist. Thane Pin 421401
17. Sachin Deorao Dhatrak
Aged 35 yrs., Occu. Service,
Residing at Post Yeoli, Tal & Dist.
Gadchiroli-442605.

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18. Rajkumar Vitthal Kadav
Aged 48 yrs., Occu. Service,
Residing at murbad, Dist. Thane.
19. Purushottam Shalikram Gaikwad
Aged 44 yrs., Occu. Service,
Residing at Sainagar, Behind Carmel High
School, Dhanora Road Gadchiroli 442605
20. Sagar Santu Khade
Aged 42 yrs., Occu. Service,
Residing at Village Kagani, Taluka,
Chandgarh, Dist. Kolhapur.
21. Kapildas Abhimanyu Sahare
Aged 39 yrs., Occu. Service,
Residing at karkabuj Tal. Etapalli,
Gadchiroli.
22. Santosh Jairam Surjagade
Aged 39 yrs., Occu. Service,
Residing at Kukkameta Post,
Tal. Bhamragad, Dist. Gadchiroli.
23. Ravindra Narayan Panchal
Aged 42 yrs., Occu. Service
Residing at Ap-Raipatan, Tal Rajapur
Dist Ratnagiri
24. Hiteshkumar Balkrushna Rahangdale
Age 43 yrs, Occu.: Service,
Residing At Post Wadegaon, Tal. Tirora,
Dist Gondia 441911
25. Pradeep Manohar Patil
Aged 39 yrs., Occu. Service,
Travel at Plot No 25, Sai Nagar, Behind
Carmel School, Gadchiroli
26. Santosh Pandharinath Ghule
Aged 42 yrs., Occu. Service
Residing At Post - Sarole Pathar, Taluka
Sangamner, Dist - Ahilyanagar 422620.
27. Gurudeo Waman Kirnapure
Aged 39 yrs., Occu. Service,

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Residing at At Post Porla, Tal & Dist.
Gadchiroli.
28. Solanki Shrikisan Narayanrao
Age 41 years, Occu. Service,
R/o.: 001 C Wing Shreepushpam Society,
Near Amrut Society, Karjat Road, Badlapur
(East), Tal Ambarnath, Dist. Thane 421503.
29. Atul Bhishmacharya Lokhande
Aged 40 yrs., Occu. Service,
Residing at Arratondi, Taluka, Desaiganj,
Dist. Gadchiroli
30. Yogesh Babaso Habale
Aged 46 yrs., Occu. Service,
Residing at Herle, Taluka Hathkangle
Dist Kolhapur 416085.
31. Ravindra Sitaram Bagul
Aged 45 yrs., Occu. Service,
Residing at Plot No. 14, Kadam Mala,
Aadgaon, Nashik.
32. Amit Rajeshwar Meshram
Aged 39 yrs., Occu. Service,
Residing at At Post Kordha
Tal. Nagbhir, Dist Chandrapur.
33. Savita Vilas Rathod.
Aged 37 yrs., Occu. Service,
Residing at Katrap, Badlapur (E) 421503.
34. Pramod Prabhakar Rohankar
Aged 43 yrs., Occu. Service,
Residing at Post Taluka Aheri, District
Gadchiroli 442705.
35. Vidya Jagannath Sonule
Aged 35 yrs., Occu. Service,
Residing at Navegao, Po. Mudza,
Tal. & Dist Gadchiroli.
36. Dattatreya Ambadas Panchal
Aged 45 yrs., Occu. Service,

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Residing at Post Shivali, Tal. Ausa,
Latur Dist.
37. Jitendra Ramchandra Nagrale
Aged 54 yrs., Occu. Service,
Residing at 12, Shivanand Height,
Modkeshwar Nagar, Kamathwade Shi.
38. Sunil Pandurang Booked
Aged 38 yrs., Occu. Service,
Resident and nayanwadi, Taluka Etapalli,
Dist. Gadchiroli.
39. Pankaj Sudhakarrao Wakudkar,
Aged 37 yrs., Occu. Service,
Residing at Vitthalpur, PO Ganpur,
Tal. Chamorshi, Dist. Gadchiroli.
40. Pantanit Bhauji Satpute
Aged 35 yrs., Occu. Service,
Residing at Dugala Mal, Taluka Mul,
Dist. Chandrapur
41. Dnyaneshwar Yadavrao Markante
Mudrankur, Aged 43 yrs., Occu. Service
Residing at Sinchan Nagar, Taroda Tq.,
Nanded 431602
42. Dattatraya Annappa Salgar
Aged 40 yrs., Occu. Service, Residing at
Huljanti, Taluka, Mangalveda, Dist. Solapur.
43. Ashish Ashok Yellewar
Age: 38 Yrs. Occu Service,
Residing at Vanshri Colony, Navegaon,
Gadchorili.
44. Vishal Tukaram Jadhav
Age: 39; Occu. Service,
Residing at Tal. Mangalvedha,
Dist. Solapur.
45. Dhondappa Ananda Sawant,
Age: 42 yrs; Occu. Service,
At Post Nandur, Taluka, Mangalwedha,
Dist. Solapur

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46. Rast Husn Sahab Shaikh
Age: 41 years; Occu. Service.
R/At Undergaon, Post Hipparga
Tal. Lohara, Dist. Dharashiv ….Petitioners

Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Secretary, School Education
Department, Mantralaya, Mumbai.
3. The Maharashtra State Council for
Examination, Through the Commissioner,
Having address at Survey No. 832A, Final
Plot No. 178 and 179, Near Balchitrawani,
Bhamburda Shivaji Nagar, Pune – 411 001. ….Respondents

WITH
WRIT PETITION NO. 3888 OF 2026

1. Anand Bhagwantrao Wagh,
Age: 48 yrs; Occu. Service
Address at: ZPPS, Wangi Khurda
Tal- Shrirampur; Dist-Ahilyanagar
Pin no. 413725.
2. Ganesh Karbhari Wagh,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Borban
Tal- Sangamner; Dist- Ahilyanagar
Pin no. 422620.
3. Rajendra Mahadeo Thorat,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Puntamba
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413707.
4. Pandharinath Laxman Waghade
Age: 41 yrs; Occu. Service

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Address at: ZPPS, Karajgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414105.
5. Dada Ajinath Duche
Age: 36 yrs; Occu. Service
Address at: ZPPS, Chobhewadi
Tal- Jamkhed; Dist- Ahilyanagar
Pin no. 413205.
6. Mr. Santosh Ramkrishna Mhaske,
Age: 40 yrs; Occu. Service
Address at: ZPPS, Kalas Khurd
Tal-Ahilyanagar; Dist- Ahilyanagar
Pin no. 414002.
7. Vyankat Prahlad Jadhav,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Rui
Tal- Rahata; Dist- Ahilyanagar
Pin no. 423109.
8. Pravin Balasaheb Shirke,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Sajalpur
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414602.
9. Bhausaheb Machhindra Pacharne,
Age: 41 yrs; Occu. Service
Address at: ZPPS, Kordewasti
Tal- Shevgaon; Dist- Ahilyanagar
Pin no. 414502.
10. Sharad Laxman Vidhate,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Navlegore Mala
Tal- Shrigonda; Dist- Ahilyanagar
Pin no. 413728.
11. Yogesh Maruti Bhagat,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Gotewadi
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413719.

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12. Sunil Mahadeo Londhe,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Shilegaon
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413705.
13. Anant Mahadeo Jagtap
Age: 40 yrs; Occu. Service
Address at: ZPPS, Jadhavvasti
Wangi Bu Tal- Shrirampur;
Dist- Ahilyanagar Pin no. 413725.
14. Vivek Vasant Giri,
Age: 40 yrs; Occu. Service
Address at: ZPPS, Dauch BK
Tal- Kopargaon; Dist- Ahilyanagar
Pin no. 423601.
15. Rahul Mahadeo Londhe,
Age: 39 yrs; Occu. Service
Address at: ZPPS, Vambori Station
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413704.
16. Mohan Ananda Rokade,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Ranjangaon
Khurd, Tal- Rahata;
Dist- Ahilyanagar; Pin no. 413719.
17. Vilas Somnath Dalvi,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kesapur
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413715.
18. Dilip Balasaheb Jadhav
Age: 39 yrs; Occu. Service
Address at: ZPPS, Khandke
Tal-Ahilyanagar; Dist- Ahilyanagar
Pin no. 414002.
19. Mr. Balasaheb Tukaram Dhas
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kasarbhat

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Tal- Panvel; Dist- Raigad
Pin no. 410221.
20. Mr. Rathod Santosh Maruti,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Koloshi
Tal- Vasai; Dist- Palghar
Pin no. 431603.
21. Santaram Mahadeo Dange
Age: 46 yrs; Occu. Service
Address at: ZPPS, Metkarwadi
Tal- Sangola; Dist- Solapur
Pin no. 413317.
Tal. Lahora, Dist. Dharashiv

22. Amol Dhondiba Kale,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Patharewasti
Tal- Shrigonda; Dist- Ahilyanagar
Pin no. 413702.
23. Jyoti Bholenath Nande,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Belpimpalgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 413725.

24. Nandkishor Shaligram Kakade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Yedsili
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.

25. Umesh Subhash Rathod,
Age: 35 yrs; Occu. Service
Address at: ZPPS, Karjeli
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.

26. Navanath Karbharai Sudake,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Rajolewasti

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Tal- Niphad; Dist- Nashik
Pin no. 422210.
27. Shantaram Nimba Ahire,
Age: 47 yrs; Occu. Service
Address at: ZPPS, Rambhaunagar
Tal- Nashik; Dist- Nashik.
Pin no. 422210.
28. Niteen Bhimrao Chavan,
Age: 31 yrs; Occu. Service
Address at: ZPPS, Korla Mal
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504. ….Petitioners
Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai
2. The State of Maharashtra
Through the Secretary, School Education
Department Mantralaya, Mumbai
3. The Maharashtra State Council for
Examination, Through the Commissioner
Having address at – Survey No.832A Final
Plot No.178 and 179, Near Balchitrawani,
Bhamburda Shivaji Nagar, Pune 411 001. ….Respondents

WITH
INTERIM APPLICATION NO. 2490 OF 2026
IN
WRIT PETITION NO. 3888 OF 2026

1. Avinash Gorakh Kolekar
Age: 42 yrs, Occu: Service,
R/o.: At Borawale, Po. Wakan,
Tal. Poladpur, Dist. Raigad - 402303.
2. Suhas Arun Homkar
Age: 36 yrs, Occu: Service
R/o.: Flat no. 404, A wing, Kalas Society,

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Mulsi, Mankarwadi, Kasaramboli,
Pirangut, Pune – 412115.
3. Valmik Jagannath Hinge
Age: 48 yrs, Occu: Service
R/o.: Survey no. 285, Kranti Phule Nagar,
Sangamner, Tal. Malegaon, Dist.: Nashik
4. Vijay Bhausaheb Sahane
Age: 42 yrs, Occu.: Service,
R/o.: Flat No. 108, Shree Krishna nest Apt,
Narhari lawns, Damodhar Nagar, Pandurang
Chowk, Nashik - 422009.
5. Dnynaeshwar Tulshiram Nandanwar,
Age: 46 yrs, Occu: Service,
R/o: 4, Sai Sahwas, A Murlidhar Nagar,
Pathardi Phata, Nashik – 422010.
6. Prakash Kashinath Satpute,
Age: 39 yrs, Occu: Service,
R/o.: Aai Vadilanchi Punyai,
Hanuman Mandir Marg, At – Asnoli,
Gegaon, Tal.: Shahapur, Thane – 421403.
7. Pravin Nana Patil
Age: 38 yrs, Occu: Service,
R/o.: Kevile Hou. Society, Kiwale,
Rawet, Pimpri-Chinchwad, Pune – 412101.
8. Subhash Murlidhar Rakibe
Age; 43 yrs, Occu: Service,
R/o.; Flat no. 2, Darpan Sankul,
Nr. Kulkarni Plaza, Panchavati, Nashik–
422003.
9. Sandeep Vijay mUNGSE
Age: 43 yrs, Occu: Service,
R/o.: 003, D wing, Tulja Park,
Murbad Rd, Opp. Sai Mandir,
Sainath Nagar, West Vashind, Thane –
421601.
10. Yasin Dilawar Shaikh
Age: 38 yrs, Occu: Service,
R/o.: Korhake (Khu), Tal. Baramati,

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Korhale Khurd, Korhale Khurd,
Pune – 412103.
11. Raju Kacharu Ghotekar
Age: 39 yrs, Occu: Service,
R/o.: Nr. Bhairvnath Temple, Shinde Mala,
Dhondvirnagar, Manegaon, Nashik – ….Applicants
422103. (Intervenor)

IN THE MATTER BETWEEN
1. Anand Bhagwantrao Wagh,
Age: 48 yrs; Occu. Service
Address at: 2PPS. Wangi Khurda1
Tal- Shrirampur; Dist-Ahilyanagar)
Pin no. 413725.
2. Ganesh Karbhari Wagh,
Age: 49 yrs; Oceu. Service
Address at: ZPPS, Borban
Tal- Sangamner; Dist- Ahilyanagar)
Pin no. 422620.
3. Rajendra Mahadeo Thorat,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Puntamba
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413707.
4. Pandharinath Laxman Waghade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Karajgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414105.
5. Dada Ajinath Duche
Age: 36 yrs; Occu. Service
Address at: ZPPS, Chobhewadi
Tal-Jamkhed; Dist-Ahilyanagar
Pin no. 413205.
6. Mr. Santosh Ramkrishna Mhaske,
Age: 40 yrs; Occu. Service
Address at: ZPPS, Kalas Khurd

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Tal-Ahilyanagar: Dist- Ahilyanagar
Pin no. 414002.
7. Vyankat Prahlad Jadhav,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Rui
Tal- Rahata; Dist- Ahilyanagar
Pin no. 423109.
8. Pravin Balasaheb Shirke,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Sajalpur
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414602.
9. Bhausaheb Machhindra Pacharne,
Age: 41 yrs; Occu. Service
Address at: ZPPS, Kordewasti
Tal- Shevgaon; Dist- Ahilyanagar
Pin no. 414502.
10. Sharad Laxman Vidhate,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Navlegore Mala
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413728.
11. Yogesh Maruti Bhagat,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Gotewadi
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413719.
12. Sunil Mahadeo Londhe,
Age: 49 vrs; Occu. Service
Address at: ZPPS, Shilegaon
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413705.
13. Anant Mahadeo Jagtap
Age: 40 yrs; Occu. Service
Address at: ZPPS, Jadhavvasti
Wangi Bu Tal- Shrirampur;
Dist- Ahilyanagar Pin no. 413725.

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14. Vivek Vasant Giri,
Age: 40 yrs; Occu, Service
Address at: ZPPS, Dauch BK
Tal- Kopargaon; Dist- Ahilyanagar
Pin no. 423601.
15. Rahul Mahadeo Londhe,
Age: 39 yrs; Occu. Service
Address at: ZPPS, Vambori Station
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413704.
16. Mohan Ananda Rokade,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Ranjangaon
Khurd, Tal- Rahata;
Dist- Ahilyanagar; Pin no. 413719.
17. Vilas Somnath Dalvi,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kesapur
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413715.
18. Dilip Balasaheb Jadhav
Age: 39 yrs; Occu. Service
Address at: ZPPS, Khandke
Tal-Ahilyanagar; Dist- Ahilyanagar
Pin no. 414002.
19. Mr. Balasaheb Tukaram Dhas
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kasarbhat
Tal- Panvel; Dist- Raigad
Pin n0. 410221.
20. Mr. Rathod Santosh Maruti,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Koloshi
Tal- Vasai; Dist- Palghar
Ріп по. 431603.
21. Santaram Mahadeo Dange
Age: 46 yrs; Occu, Service
Address at: ZPPS, Metkarwadi

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Tal- Sangola; Dist- Solapur
Pin no. 413317.
Tal. Lohara, Dist. Dharashiv
22. Amol Dhondiba Kale,
Age: 38yrs; Occu. Service
Address at: ZPPS, Patharewasti
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413702.
23. Jyoti Bholenath Nande,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Belpimpalgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 413725.
24. Nandkishor Shaligram Kakade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Yedsili
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.
25. Umesh Subhash Rathod,
Age: 35yrs: Occu. Service
Address at: ZPPS, Karjeli
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.
26. Navanath Karbharai Sudake,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Rajolewasti
Tal- Niphad; Dist- Nashik
Pin no. 422210.
27. Shantaram Nimba Ahire,
Age: 47 yrs; Occu. Service
Address at: ZPPS, Rambhaunagar
Tal- Nashik; Dist- Nashik.
Pin no. 422210.
28. Niteen Bhimrao Chavan,
Age: 31 yrs; Occu. Service
Address at: ZPPS, Korla Mal
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504. ….Petitioners

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Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Secretary, School Education
Department, Mantralaya, Mumbai.
3. The Maharashtra State
Council for Examination,
Through the Commissioner,
Having address at - Survey No. 832A,
Final Plot No. 178 and 179,
Near Balchitrawani, Bhamburda
Shivaji Nagar, Pune – 411 001. ….Respondents

WITH
INTERIM APPLICATION NO. 2487 OF 2026
IN
WRIT PETITION NO. 3888 OF 2026

1. Praful Murlidhar Patil
Age: 38 yrs, Occu.: Service
R/o.: A302, Saphalya Enclve, Joshinagar,
Ramwadi, Tal.: Dahanu
Dist.: Palghar – 401602.
2. Santosh Dilip Ghoderao
Age: 38 yrs, Occ: Service,
R/o.: Flat no. 101, Sairam Apartment,
Shahpur, Thane – 421601.
3. Nandu Bhimrao Chaudhari
Age: 39 yrs, Occ: Service,
R/o.: Flat no./ 604, Mangeshi Paradise,
Kalyan, Thane – 421103.
4. Somnath Bhanudas Kekan
Age: 40 yrs, Occ: Service,
R/o.: Flat no. 205 B wing, Sairaj Residency,
Tulasi Vihar, Thane – 421601.

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5. Mahesh Baban Gawade
Age: 36 yrs, Occ: Service,
R/o.: Near Bank of Maharashtra,
Takali Haji, Dist.: Pune – 412218.
6. Sopan Namdev Golhe
Age: 48 yrs, Occ: Service,
R/o.: At Kharadi, Post-Tokawade,
Dist.: Thane – 421402.
7. Pramod Jalindar Wakchaure
Age: 40 yrs, Occ: Service,
R/o.: Pimpalgaon Nipani,
Dist. Ahmadnagar – 422605.
8. Tukaram Manikrao Borade
Age: 40 yrs, Occ: Service,
R/o.: At-Pegargavan, Bharaswad,
Dist.: Parbhani – 431521.
9. Dinesh Vansha Dumada
Age: 43 yrs, Occ: Service,
R/o.: At-Post-Upalat,
Palghar – 401606.
10. Mahesh Harilal Gokule
Age: 37 yrs, Occu: Service,
R/o.: Giriraj Apt, B Bldg,
Flat No. 203, Dahanu Rd.,
Dist.: Palghar – 401602.
11. Yashvant Narayan Beldar
Age.: 36 yrs, Occu.: Service,
R/o.: Samrpan Apartment, Parnaka,
Dahanu, Dist.: Palghar - 401601 ….Applicants
IN THE MATTER BETWEEN
1. Anand Bhagwantrao Wagh,
Age: 48 yrs; Occu. Service
Address at: 2PPS. Wangi Khurda1
Tal- Shrirampur; Dist-Ahilyanagar)
Pin no. 413725.
2. Ganesh Karbhari Wagh,
Age: 49 yrs; Oceu. Service

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Address at: ZPPS, Borban
Tal- Sangamner; Dist- Ahilyanagar)
Pin no. 422620.
3. Rajendra Mahadeo Thorat,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Puntamba
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413707.
4. Pandharinath Laxman Waghade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Karajgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414105.
5. Dada Ajinath Duche
Age: 36 yrs; Occu. Service
Address at: ZPPS, Chobhewadi
Tal-Jamkhed; Dist-Ahilyanagar
Pin no. 413205.
6. Mr. Santosh Ramkrishna Mhaske,
Age: 40 yrs; Occu. Service
Address at: ZPPS, Kalas Khurd
Tal-Ahilyanagar: Dist- Ahilyanagar
Pin no. 414002.
7. Vyankat Prahlad Jadhav,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Rui
Tal- Rahata; Dist- Ahilyanagar
Pin no. 423109.
8. Pravin Balasaheb Shirke,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Sajalpur
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414602.
9. Bhausaheb Machhindra Pacharne,
Age: 41 yrs; Occu. Service
Address at: ZPPS, Kordewasti
Tal- Shevgaon; Dist- Ahilyanagar
Pin no. 414502.

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10. Sharad Laxman Vidhate,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Navlegore Mala
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413728.
11. Yogesh Maruti Bhagat,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Gotewadi
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413719.
12. Sunil Mahadeo Londhe,
Age: 49 vrs; Occu. Service
Address at: ZPPS, Shilegaon
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413705.
13. Anant Mahadeo Jagtap
Age: 40 yrs; Occu. Service
Address at: ZPPS, Jadhavvasti
Wangi Bu Tal- Shrirampur;
Dist- Ahilyanagar Pin no. 413725.
14. Vivek Vasant Giri,
Age: 40 yrs; Occu, Service
Address at: ZPPS, Dauch BK
Tal- Kopargaon; Dist- Ahilyanagar
Pin no. 423601.
15. Rahul Mahadeo Londhe,
Age: 39 yrs; Occu. Service
Address at: ZPPS, Vambori Station
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413704.
16. Mohan Ananda Rokade,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Ranjangaon
Khurd, Tal- Rahata;
Dist- Ahilyanagar; Pin no. 413719.
17. Vilas Somnath Dalvi,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kesapur

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Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413715.
18. Dilip Balasaheb Jadhav
Age: 39 yrs; Occu. Service
Address at: ZPPS, Khandke
Tal-Ahilyanagar; Dist- Ahilyanagar
Pin no. 414002.
19. Mr. Balasaheb Tukaram Dhas
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kasarbhat
Tal- Panvel; Dist- Raigad
Pin n0. 410221.
20. Mr. Rathod Santosh Maruti,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Koloshi
Tal- Vasai; Dist- Palghar
Ріп по. 431603.
21. Santaram Mahadeo Dange
Age: 46 yrs; Occu, Service
Address at: ZPPS, Metkarwadi
Tal- Sangola; Dist- Solapur
Pin no. 413317.
Tal. Lohara, Dist. Dharashiv
22. Amol Dhondiba Kale,
Age: 38yrs; Occu. Service
Address at: ZPPS, Patharewasti
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413702.
23. Jyoti Bholenath Nande,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Belpimpalgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 413725.
24. Nandkishor Shaligram Kakade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Yedsili
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.

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25. Umesh Subhash Rathod,
Age: 35yrs: Occu. Service
Address at: ZPPS, Karjeli
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.
26. Navanath Karbharai Sudake,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Rajolewasti
Tal- Niphad; Dist- Nashik
Pin no. 422210.
27. Shantaram Nimba Ahire,
Age: 47 yrs; Occu. Service
Address at: ZPPS, Rambhaunagar
Tal- Nashik; Dist- Nashik.
Pin no. 422210.
28. Niteen Bhimrao Chavan,
Age: 31 yrs; Occu. Service
Address at: ZPPS, Korla Mal
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504. ….Petitioners
Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Secretary, School Education
Department, Mantralaya, Mumbai.
3. The Maharashtra State
Council for Examination,
Through the Commissioner,
Having address at - Survey No. 832A,
Final Plot No. 178 and 179,
Near Balchitrawani, Bhamburda
Shivaji Nagar, Pune – 411 001. ….Respondents

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WITH
INTERIM APPLICATION NO. 2489 OF 2026
IN
WRIT PETITION NO. 3888 OF 2026

1. Samadhan Anna More,
Age: 37 yrs, Occ: Service
R/o.: 101, Siddhi Pooja Apartment, Dahanu,
Dist.: Palghar – 401602.
2. Kavita Ganesh Waghmare
Age: 38 yrs, Occ: Service,
R/o.: Swashram Garden Palace,
Kainad road Dahanu Manphod East,
Dist.: Palghar – 401602.
3. Ranjana Shriram Bhise
Age: 44 yrs, Occ: Service,
R/o.: Siddhivinayak Building,
Tembhode Road,
Dist.: Palghar - 401404.
4. Ravindra Rajendra Giri
Age: 38 yrs, Occ: Service,
R/o.: At. Post. Murdhava,
Ghansargaon, Latur – 413527.
5. Maruti Bajirao Markad
Age: 35 yrs, Occ: Service,
R/o.: MU. Markadwadi Post Phondashiras,
Tal.: Malshiras, Dist.: Solapur – 413109.
6. Sunil Hauserao Pomane
Age: 40 yrs, Occ: Service,
R/o.: S/O Hauserao Pomane,
At. Po. Baburdi, Baramati – 413102.
7. Mukesh Ramesh Chaudhari
Age: 42 yrs, Occ: Service,
R/o.: Flat no. 204 Manasi Apartment,
Dahanu Road, Dist.: Palghar – 401602.
8. Nilesh Umashankar Bhat
Age: 38 yrs, Occ: Service,

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R/o.: Flat no. 103, Sidhipooja Apartment,
Dahanu Road, Dist.: Palghar – 401602.
9. Harishchandra Laxman Bhoir
Age: 51 yrs, Occ: Service,
R/o.: Shri Hariraj, Warghade Nagar,
Shahapur, Thane – 421601.
10. Kondibhau Ramdas Shinde
Age: 46 yrs, Occ: Service,
R/o.: Flat no. 703, Ganpati Mandir Road,
Kalyan, Dist.: Thane – 421605.
11. Vijay Babaji Chaudhari
Age.: 38 yrs, Occu.: Service
R/o.: Vangaon, Tal.: Dahanu,
Dist.: Palghar – 401103.
12. Shrikant Govindrao Sukte
Age.: 38 yrs, Occu.: Service,
R/o.: At Sai Garden Residency,
B5 Building, Flat No. 102 Charoti,
Tal.: Dahanu, Palghar – 401602 ….Applicants
IN THE MATTER BETWEEN
1. Anand Bhagwantrao Wagh,
Age: 48 yrs; Occu. Service
Address at: 2PPS. Wangi Khurda1
Tal- Shrirampur; Dist-Ahilyanagar)
Pin no. 413725.
2. Ganesh Karbhari Wagh,
Age: 49 yrs; Oceu. Service
Address at: ZPPS, Borban
Tal- Sangamner; Dist- Ahilyanagar)
Pin no. 422620.
3. Rajendra Mahadeo Thorat,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Puntamba
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413707.
4. Pandharinath Laxman Waghade
Age: 41 yrs; Occu. Service

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Address at: ZPPS, Karajgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414105.
5. Dada Ajinath Duche
Age: 36 yrs; Occu. Service
Address at: ZPPS, Chobhewadi
Tal-Jamkhed; Dist-Ahilyanagar
Pin no. 413205.
6. Mr. Santosh Ramkrishna Mhaske,
Age: 40 yrs; Occu. Service
Address at: ZPPS, Kalas Khurd
Tal-Ahilyanagar: Dist- Ahilyanagar
Pin no. 414002.
7. Vyankat Prahlad Jadhav,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Rui
Tal- Rahata; Dist- Ahilyanagar
Pin no. 423109.
8. Pravin Balasaheb Shirke,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Sajalpur
Tal- Newasa; Dist- Ahilyanagar
Pin no. 414602.
9. Bhausaheb Machhindra Pacharne,
Age: 41 yrs; Occu. Service
Address at: ZPPS, Kordewasti
Tal- Shevgaon; Dist- Ahilyanagar
Pin no. 414502.
10. Sharad Laxman Vidhate,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Navlegore Mala
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413728.
11. Yogesh Maruti Bhagat,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Gotewadi
Tal- Rahata; Dist- Ahilyanagar
Pin no. 413719.

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12. Sunil Mahadeo Londhe,
Age: 49 vrs; Occu. Service
Address at: ZPPS, Shilegaon
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413705.
13. Anant Mahadeo Jagtap
Age: 40 yrs; Occu. Service
Address at: ZPPS, Jadhavvasti
Wangi Bu Tal- Shrirampur;
Dist- Ahilyanagar Pin no. 413725.
14. Vivek Vasant Giri,
Age: 40 yrs; Occu, Service
Address at: ZPPS, Dauch BK
Tal- Kopargaon; Dist- Ahilyanagar
Pin no. 423601.
15. Rahul Mahadeo Londhe,
Age: 39 yrs; Occu. Service
Address at: ZPPS, Vambori Station
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413704.
16. Mohan Ananda Rokade,
Age: 36 yrs; Occu. Service
Address at: ZPPS, Ranjangaon
Khurd, Tal- Rahata;
Dist- Ahilyanagar; Pin no. 413719.
17. Vilas Somnath Dalvi,
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kesapur
Tal- Rahuri; Dist- Ahilyanagar
Pin no. 413715.
18. Dilip Balasaheb Jadhav
Age: 39 yrs; Occu. Service
Address at: ZPPS, Khandke
Tal-Ahilyanagar; Dist- Ahilyanagar
Pin no. 414002.
19. Mr. Balasaheb Tukaram Dhas
Age: 37 yrs; Occu. Service
Address at: ZPPS, Kasarbhat

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Tal- Panvel; Dist- Raigad
Pin n0. 410221.
20. Mr. Rathod Santosh Maruti,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Koloshi
Tal- Vasai; Dist- Palghar
Ріп по. 431603.
21. Santaram Mahadeo Dange
Age: 46 yrs; Occu, Service
Address at: ZPPS, Metkarwadi
Tal- Sangola; Dist- Solapur
Pin no. 413317.
Tal. Lohara, Dist. Dharashiv
22. Amol Dhondiba Kale,
Age: 38yrs; Occu. Service
Address at: ZPPS, Patharewasti
Tal- Shrigonda; Dist-Ahilyanagar
Pin no. 413702.
23. Jyoti Bholenath Nande,
Age: 38 yrs; Occu. Service
Address at: ZPPS, Belpimpalgaon
Tal- Newasa; Dist- Ahilyanagar
Pin no. 413725.
24. Nandkishor Shaligram Kakade
Age: 41 yrs; Occu. Service
Address at: ZPPS, Yedsili
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.
25. Umesh Subhash Rathod,
Age: 35yrs: Occu. Service
Address at: ZPPS, Karjeli
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504.
26. Navanath Karbharai Sudake,
Age: 49 yrs; Occu. Service
Address at: ZPPS, Rajolewasti
Tal- Niphad; Dist- Nashik
Pin no. 422210.

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27. Shantaram Nimba Ahire,
Age: 47 yrs; Occu. Service
Address at: ZPPS, Rambhaunagar
Tal- Nashik; Dist- Nashik.
Pin no. 422210.
28. Niteen Bhimrao Chavan,
Age: 31 yrs; Occu. Service
Address at: ZPPS, Korla Mal
Tal- Sironcha; Dist- Gadchiroli
Pin no. 442504. ….Petitioners
Versus
1. The State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Secretary, School Education
Department, Mantralaya, Mumbai.
3. The Maharashtra State
Council for Examination,
Through the Commissioner,
Having address at - Survey No. 832A,
Final Plot No. 178 and 179,
Near Balchitrawani, Bhamburda
Shivaji Nagar, Pune – 411 001. ….Respondents

WITH
WRIT PETITION NO. 4011 OF 2026

1. Tukaram Vitthal Giri, Age: 34 years
At post Jambhul Vihir (E),
Taluka: Jawhar, District: Palghar.
2. Bapu Balu Sarode, Age 40 years
At Bhardi, Post Khadgaon,
Taluka: Nandgaon, District: Nashik.
3. Rahul Mohanrao Rathod, Age 34 years
At Bhoini, Post Dasave,
Taluka: Mushi, District: Pune – 412112.

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4. Vinod Balasaheb Chavare, Age 36 years
At post Ghanegaon,
Taluka: Barshi, District: Solapur.
5. Gajanan Laxman Giri, age 35 years
At Ridhora, Post Pusegaon,
Taluka: Sengaon, District: Hingoli.
6. Jotiram Bhartarinath Shinde, Age 36 yrs
At Sonna Khota, Post Chinchwan,
Taluka: Wadwani, District: Beed – 431125.
7. Swapnil Haribhau Rasane, Age 32 years,
At post Kharwandi,
Taluka: Pathardi, District: Ahilyanagar.
8. Pravin Ishwar Dorlikar, Age 41 years
At Chinchala, Post: MIDC Chandrapur,
District: Chandrapur.
9. Vaibhav Balaji Bondar, Age 35 years
At Post Deodhanora,
Taluka: Kalamb, District: Dharashiv.
10. Nathrao Uttamrao Suryawanshi,
Age 39 years At Post Kopra,
Taluka: Ahmadpur, District: Latur.
11. Balaji Ramdas Shelke, Age 41 years
At Mahamadapur Post Bhatangali,
Taluka & District: Latur.
12. Amol Mahadev Borkar, Age 35 years
“Rangai”, Plot No.10/2 Jivan Nagar,
Jalgaon – 425002.
13. Harshal Haribhau Dale, Age 35 years
At Post Khanapur, Taluka: Shevgaon,
District: Ahilyanagar – 414502.

14. Suhas Suresh Kusmawar, Age 38 years
At Surdapur Post Patan, Taluka: Zari
Jamani, District: Yavatmal – 445305.
15. Ajay Shivajirao Lavhale, age 31 years
At Post Takarwan, Taluka: Majalgaon,
District: Beed – 431129.

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16. Tatyaram Gorakh Shinde, Age 34 years
At Shelgaon Post Phisare,
Taluka: Karmala, District: Solapur.
17. Santosh Bhagawan Khedekar, Age 40 years
At Post Antri Khedekar, Taluka: Chikhali,
District: Buldana – 443201.
18. Sandesh Shrimant Devkate, Age 36 years
At post Konheri,
Taluka: Mohol, District: Solapur.
19. Pradeep Shahadeo Tandale, Age 40 years
At post Tembhurni,
Taluka: Madha, District: Solapur 413211.
20. Shashikant Sopan Nile, Age 36 years
At post Jalihal Khurd, Taluka: Jath, District:
Sangli.
21. Sudarshan Narayan Sawant, Age 39 years
At post Banali,
Taluka: Jath, District: Sangli – 416404.
22. Arjun Ramkisan Jadhav, Age 36 years
At Post Kalambeshwar, Taluka: Mehkar,
District: Buldhana – 443304.
23. Rajratna Namdevrao Sawant, Age 38 years
At Kalyan Nagar, Near Raj Corner Taroda
Bk Taluka & District: Nanded.
24. Santosh Udhao Kulmethe, Age 36 years
At Rajura, Taluka: Rajura,
District: Chandrapur 442905.
25. Anil Babanrao Indalkar, Age 39 years
At Ranzani, Post: Bhimanagar,
Taluka: Madha, District: Solapur.
26. Sandeep Kondiba Sanap, Age 38 years
At Chalisgaon, Taluka: Chalisgaon,
District: Jalgaon – 424101. ….Petitioners
Versus
1. The State of Maharashtra,
Through its Principal Secretary,

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School Education and Sports Department,
Mantralaya, Mumbai.
2. The State of Maharashtra,
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai.
3. The Maharashtra State Council of
Examinations,
Through its Commissioner,
832A, Final Plot No. 178 & 179, Near
Balchitravani, Behind Agarkar Research
Institute, Bhamburda, Shivaji Nagar,
Pune - 411004.
4. The Director of Education (Primary)¸
Dr. Annie Besant Marg, Madhyavarti
Building, Pune 411001. ….Respondents

WITH
WRIT PETITION NO. 4147 OF 2026

1. Anurath Popat Galgate
Age: 37 yrs, Occu: Service
Address at ZPPS, Khamgaon,
Tal: Jamkhed, Dist: Ahilyanagar
2. Nagesh Haribhau Wakodkar
Age : 38 yrs, Occu: Service
Address at ZPPS, Chinchpuri
Tal: Hingoli Dist: Hingoli
3. Amol Narsingh Satpute
Age: 38 yrs, Occu: Service
Address at ZPPS, Chobhewadi,
Tal: Jamkhed, Dist: Ahilyanagar
4. Sandesh Nandkishore Hajare
Age: 49 yrs, Occu: Service
Address at 52, Shivparvati Colony
Karwand Naka, Tal: Shirpur,
Dist: Dhule

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5. Damodar Shankarrao Chaoudhary
Age: 38 yrs, Occu: Service
R/at Vanzola, Tal&Dist: Hingoli
6. Sachin Narayan Salunke
Age:37 yrs, Occu: Service
Address at ZPPS, Gaulransayakar,
Vasti, Tal: Karjat, Dist: Ahilyanagar
7. Dipak Pandurang Jadhav
Age: 35 yrs, Occu: Service
Address at ZPPS, Jalapur, Karjat
Dist: Ahilyanagar
8. Praful Gulabrao Sakhare
Age: 42 yrs, Occu: Service
Address at Wani Tagore Chowk,
Near SBI, Tal: Wani, Dist: Yavatmal
9. Shivaji Anna Parkale
Age: 37 yrs, Occu: Service
Address at ZPPS, Gaulran,
Tal: Karjat, Dist: Ahilyanagar ….Petitioners
Versus
1. State of Maharashtra
Through the Secretary of Rural
Development, Mantralaya, Mumbai
2. State of Maharashtra
Through the Secretary of School Education
Department, Mantralaya, Mumbai
3. The Maharashtra State Council for
Education Thr. Commissioner,
Address at Survey No.832A, Final Plot No
178 and 179, Near Balchitrawani,
Bhamburda, Shivaji Nagar, Pune-411001 ….Respondents

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****

Ms. Preeti Walimbe a/w Ms. Rutika Bhoir, Mr. Mayank Tripathi for the
Petitioners in WP/3888/2026, 2993/2026 & 4147/2026.

Mr. Prashant Katneshwarkar, Senior Advocate a/w Mr. Shrirang
Katneshwarkar, Mr. Sandeep Gupta for the Applicant in IA/2490/2026.

Mr. Sujeet Karlekar a/w Mr. Akshay Karlekar, Mr. Sandeep Gupta i/b Mr.
Shrirang Katneshwarkar for the Applicant in IA/2489/2026.

Mr. Shrirang Katneshwarkar a/w Mr. Sandeep Gupta for the Applicant in
IA/2221/2026.

Mr. Ram S. Apte, Senior Advocate a/w Mr. Harshal P. Nahata, Mr. Sandeep
Gupta, Mr. Saurabh B. Mishra i/b Mr. Shrirang Katneshwarkar for the
Applicant in IA/2487/2026.

Mr. Saurabh Pakale a/w Mr. Nilesh Desai i/b Ms. Padmaja Malgaonkar for
the Petitioner in WP/4011/2026.

Mr. Sumedh S. Modak for the Respondent/MSCE in all the matters.

Mr. B. V. Samant, Addl. G. P. a/w Ms. P.M.J. Deshpande, AGP in for the
Respondent/State in WP/2993/2026 & WP/4011/2026.

Mr. O. A. Chandurkar, Addl. G.P. a/w Ms. P.N. Diwan, AGP for the
Respondent/State in WP/3888/2026.

Ms. M. P. Thakur, AGP for the Respondent/State in WP/4147/2026.

****

CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.

RESERVED ON : 2nd APRIL, 2026

PRONOUNCED ON : 10th APRIL, 2026

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JUDGMENT (PER: RAVINDRA V. GHUGE, J.)

1. Rule. Rule made returnable forthwith and heard finally by the

consent of the parties.

2. In the first Writ Petition No.2993 of 2026, filed by 46

Petitioners, Prayer Clauses (a) and (b), are as under :

“(a) That this Hon'ble Court may be pleased to issue
writ of mandamus or any other writ, directions, order
directing the Respondents to hold and declare that only
the teachers eligible as on last date of submission of form
as per advertisement dated 29.9.2025 issued by the
Respondent No.3 are entitled to appear for the qualifying
exam conducted by the Respondent No. 3 on 3.2.2026
and 4.2.2026 for the posts of Cluster Heads in Zilha
Parishad all over the State of Maharashtra;

(b) That this Hon'ble Court may be pleased to issue
writ of mandamus and may be pleased to direct the
Respondent No. 3 to publish only the results of the
candidates who have cleared TET test as on last date of
submission of forms for qualifying exams as per
advertisement dated 29.9.2025;”

3. In the second Writ Petition No.3888 of 2026, filed by 28

Petitioners, Prayer Clauses (a), (b), (c) and (d), read as under :

“(a) That this Hon'ble Court may be pleased to issue
writ of certiorari or any other writ, directions, order and
call for records and all the documents in relation to the
notification dated 13.03.2026 issued by the Respondent

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No. 3 and may be pleased to quash and set aside the
notification dated 13.03.2026.

(b) That this Hon'ble Court may be pleased to issue
writ of mandamus or any other writ, directions, order and
may be pleased to hold and declare that the notification
dated 13.03.2026 issued by Respondent No. 3 is illegal.

(c) That this Hon'ble Court may be pleased to issue
writ of mandamus or any other writ, directions, order and
may be pleased to hold and declare that the Respondent
No. 3 is not entitled to allow the teachers who do not
meet the eligibility criteria as per the Advertisement
dated 29.09.2025 to appear for the examination
conducted by the Respondent No. 3 on 03.02.2026 and
04.02.2026 for promotion to the post of cluster head in
Zilla Parishad all over the State of Maharashtra;

(d) That this Hon'ble Court may be pleased to issue
writ of mandamus and may be pleased to direct the
Respondent No. 3 to publish only the results of the
candidates who have cleared TET test as on last date of
submission of forms for qualifying exams as per
advertisement dated 29.09.2025;”

4. In the third Writ Petition No.4011 of 2026, the 26 Petitioners

have put forth Prayer Clauses (a), (b) and (c) as under :

“(a) this Hon'ble Court may be pleased to declare
that Clause 4.5 of Advertisement dated 29th September
2025 is unconstitutional and ultra vires Article 14 of the
Constitution.

(b) this Hon'ble Court may be pleased to issue writ
of Mandamus or any other writ, directions, order
directing the Respondents to hold and declare that only
the teachers who are possessing requisite qualifications
as mentioned in the body of the Petition i.e. cleared TET
Paper II on or before 01.01.2026 are eligible and
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qualified to participate in the selection process and also
promotion to the posts of cluster head.

(c) Pending the hearing and final disposal of the
present Petition, this Hon'ble Court be pleased to issue an
appropriate Order and direction directing the
Respondents Authorities to hold and declare that only
those teachers who are possessing requisite qualifications
as mentioned in the body of the Petition i.e. cleared TET
Paper II on or before 01.01.2026 are eligible and
qualified to participate in the selection process and also
promotion to the posts of cluster head.”

5. In the fourth Writ Petition No.4147 of 2026, the nine

Petitioners have put forth Prayer Clauses (a), (b) and (c), as under :

a. That this Hon'ble Court may be pleased to issue
writ of certiorari or any other writ, directions, order and
call for records and all the documents in relation to the
notification dated 13.03.2026 issued by the Respondent
No. 3 and may be pleased to quash and set aside the
notification dated 13.03.2026.
b. That this Hon'ble Court may be pleased to issue
writ of mandamus or any other writ, directions, order and
may be pleased to hold and declare that the notification
dated 13.03.2026 issued by Respondent No. 3 is illegal.
с. That this Hon'ble Court may be pleased to issue
writ of mandamus or any other writ, directions, order and
may be pleased to hold and declare that the Respondent
No. 3 is not entitled to allow the teachers who do not
meet the eligibility criteria as per the Advertisement
dated 29.09.2025 to appear for the examination
conducted by the Respondent No. 3 on 03.02.2026 and
04.02.2026 for promotion to the post of cluster head in
Zilla Parishad all over the State of Maharashtra;”

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6. All these Petitions pertain to the holding of the qualifying

examination viz. the Limited Department Competitive Examination (herein

after referred to as the ‘LDCE’) for seeking promotion to the post of

Cluster Head (Kendrapramukh). In the second Petition, the Petitioners

have prayed that the notification dated 13.03.2026 issued by Respondent

No.3, may be quashed and set aside. In the third Petition, the Petitioners

have sought a declaration that clause 4.5 of the advertisement dated

29.09.2025, be declared unconstitutional and ultra vires Article 14 of the

Constitution of India. In the last Petition, the Petitioners have prayed for

quashing and setting aside, the notification dated 13.03.2026.

7. In all these Petitions, there are intervention applications filed

on record. More or less, these Applicants have taken sides with different

Petitioners. Some of them have prayed similar directions as like those put

forth by the Petitioners and some have prayed for a direction that the cut-

off date be declared as 01.01.2026.

DATES AND SEQUENCE OF EVENTS

8. The dates and sequence of events, relevant to the issue before

us, are as under :-

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(a) The Right to Education Act, 2009 was introduced in the

year 2009. On 31.03.2010, the Central Government declared the

National Council for Teachers Education (‘NCTE’).

(b) On 13.02.2013, the Teacher Eligibility Test (‘TET’) was

made compulsory for teachers in the State of Maharashtra. This is

commonly know as MHTET or MTET. The TET conducted by the

Central authority is commonly known as CTET.

undergone several amendments by several Government Resolutions

and lastly, by the Government Resolution dated 24.08.2018, TET

was confirmed as being a compulsory qualification.

(d) The Government Resolution dated 24.08.2018 was

challenged before the Division Bench of this Court at Aurangabad

in Writ Petition No.1745 of 2020. Vide Judgment dated 11.06.2021,

the validity of the Government Resolution was upheld and the

Petition was dismissed. It was held that TET is a mandatory

qualification. Since the Petitioners desired to approach the Hon’ble

Supreme Court, status quo granted earlier was continued.

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(e) In Special Leave to Appeal (C) No(s).8300 of 2021, the

Hon’ble Supreme Court passed an order on 05.07.2021 and

continued the status quo granted by this Court.

(f) The State Government issued a Government Resolution

on 01.12.2022 superseding earlier Government Resolutions and

declaring that 50% of the promotional posts of Cluster Head, would

be filled in by a Limited Departmental Competitive Examination

(LDCE). The educational qualifications were prescribed in Clause

5.1 and TET was not a requirement.

(g) An advertisement dated 05.06.2023 was published by

the State of Maharashtra for conducting the LDCE to the extent of

filling up 50% on the post of Cluster Head by promotion, by virtue

of the Government Resolution dated 01.12.2022. TET was not a

prescribed qualification.

(h) The Recruitment Rules were modified on 18.07.2025

and Clause 8A came to be inserted. The relevant Clause is 8-A 1(2)

(A & B) and the promotion policy was declared to be based purely

on merit. A candidate must possess six years of service experience

and the cut-off date for qualifying was the first day of January of
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the year in which the advertisement was published. However, TET

was not added to the requisite qualifications.

(i) Guidelines for filling in the post of Cluster Head

(Kendrapramukh) were issued on 29.08.2025. Clause 3(B)

prescribes the essential qualification and TET is not mentioned as

an eligibility qualification.

(j) The Hon’ble Supreme Court delivered a Judgment on

01.09.2025 in the case of Anjuman Ishaat-e-Taleem Trust V/s. State

of Maharashtra & Ors., 2025 SCC OnLine SC 1912. We would be

adverting to this Judgment extensively in the Paragraphs to follow.

(k) In the meanwhile, the advertisement for holding the

TET examination was published on 11.09.2025.

(l) Pursuant to the recruitment advertisement dated

05.06.2023, the State Government could not conduct the

recruitment process for the Cluster Head posts. The State

Government, therefore, issued a fresh advertisement on 29.09.2025

setting forth Clause 4.5 which indicates that TET was a mandatory

qualification. In Clause 8.2, it was provided that those who had

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tendered their applications pursuant to the advertisement dated

05.06.2023, would also be considered for recruitment.

(m) In view of the above, a confusion arose as to which

should be the cut-off date, i.e., 01.01.2025 or 10.11.2025 which

was the last date mentioned in the advertisement dated 29.09.2025.

(n) Two sets of Petitioners preferred Writ Petition No.13519

and 13522 of 2025 before this Court. The State Government

tendered a corrigendum dated 04.11.2025 before this Court and

declared that 01.01.2026 would be the cut-off date. Based on this

corrigendum, both the Petitions were disposed off.

(o) In the meanwhile, the provisional result for the MTET-

2025 was declared on 16.01.2026 and the final result was declared

on 03.02.2026.

(p) The online LDC examination for the various categories

for recruitment to the posts of Cluster Heads, was conducted on

03.02.2026 and 04.02.2026 in three sessions. 46068 candidates

tendered online applications and 38558 actually appeared for the

online examination.

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(q) The result of the Cluster Head examination was

declared on 13.03.2026.

(r) On 13.03.2026, the Maharashtra State Examination

Council published a circular, informing the candidates that a link

would be provided on it’s website in the near future. Candidates

should visit the website and after the link is provided, details about

their passing of the 1st Paper and 2nd Paper of MTET or CTET,

particular categories, persons with disabilities (PwD) category etc.

should be uploaded.

(s) On 20.03.2026, the said Council published one more

circular and disclosed the link for entering the details and also

extended the time-line from 22.03.2026 to 31.03.2026.

LEGAL POSITION AND SUBMISSIONS OF THE PARTIES

9. It cannot be lost sight of, that, in a group of Writ Petitions

(Writ Petition No.4904 of 2020 and connected matters) filed by Sagar

Gopichand Bahire & Ors. V/s. The State of Maharashtra & Ors., this Court

at the Aurangabad Bench delivered a judgment on 11.06.2021, concluding

that the relaxation of TET would not continue in perpetuity and the

appointments made in breach of Section 23(1) of the Right of Children to
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Free and Compulsory Education Act, 2009 (in short, referred to as the

‘RTE Act’), cannot be sustained. The relaxation of acquiring the TET

qualifications upto 31.03.2019, had also expired. All the Petitions were

dismissed. However, status quo was granted and the interim protection was

continued. These matters were brought to the Hon’ble Supreme Court in

SLP No.8300 of 2021 and vide order dated 05.07.2021, the status quo was

continued. The said SLP is still pending and the status quo has continued.

On 01.09.2025, the Hon’ble Supreme Court delivered a Judgment in

Anjuman Ishaat-e-Taleem Trust (Supra).

10. We have carefully read the judgment delivered in Anjuman

Ishaat-e-Taleem Trust (supra). The Hon’ble Supreme Court considered the

era prior to the introduction of the TET through the RTE Act and the fact

situation prevailing post the TET mandate. The teachers role in imparting

quality education was considered under Clause-I from Paragraph Nos.156

to 163. Under Clause-J, the applicability of the TET to the in-service

teachers appointed prior to 2009 and requirement of TET qualification for

promotion of teachers, was dealt with in Paragraph Nos.164 to 170.

11. While dealing with TET as a statutory requirement introduced

under the RTE Act and the corresponding NCTE notifications, it was noted

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that this was aimed at ensuring minimum professional standards in the

recruitment of elementary school teachers in line with the mandate under

Section 23 of the RTE Act. Under Section 23(1) of the RTE Act, the NCTE

had issued a notification dated 23.08.2010, which was subsequently

amended by a notification dated 29.07.2011, laying down that passing the

TET is a mandatory condition for appointment of teachers who are

imparting education in classes one to eight, in schools covered by Section

2(n) of the RTE Act. It was, therefore, held as a legal position emerging

from the statute that the TET is not a mere procedural requirement, but

forms an essential part of the minimum qualification criteria.

12. In Paragraph Nos.169 and 170 of the Anjuman Ishaat

Judgment (supra) (downloaded from 2025 INSC 1063 = 2025 SCC OnLine

SC 1912), the Hon’ble Supreme Court observed as under :

‘169. Thus, read holistically, Section 23 of the RTE
Act and the NCTE notifications together establish the
TET as a compulsory qualifying criterion for all teachers
appointed on or after 23rd August, 2010, and as a time-
bound compliance obligation for those appointed earlier
without the requisite qualifications. The sole object is to
ensure uniform teaching standards across institutions
imparting elementary education. Viewed in this light, the
TET is not only a mandatory eligibility requirement but it
is a constitutional necessity flowing from the right to
quality education under Article 21A.

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170. As a logical corollary to the above, it is
axiomatic that those in-service teachers who aspire for
promotion, irrespective of the length of their service, have
to qualify the TET in order to be eligible to have their
candidature considered for promotion.’
[Emphasis is supplied]

13. Finally, insofar as the mandate of TET as a qualification, it

was concluded in Paragraph Nos.197 to 206 in Anjuman Ishaat-e-Taleem

Trust (supra) that the TET is one of the minimum qualification that is

prescribed under Section 23 of the RTE Act and it is not merely an

eligibility criteria. Only upon a person obtaining such qualification, can he

become eligible for appointment as a teacher. TET is a qualification and is

a part of the eligibility criteria and a person seeking appointment as a

teacher, must pass the TET. Only by obtaining such qualification, he would

be considered eligible to be appointed as a teacher. There lies no difference

as such between qualification and eligibility.

14. In Anjuman Ishaat-e-Taleem Trust (supra), while dealing with

the aspect of promotion, the Hon’ble Supreme Court has concluded in

Paragraph Nos.215 to 219, as under :

‘215. However, we are mindful of the ground realities as
well as the practical challenges. There are in-service teachers
who were recruited much prior to the advent of the RTE Act
and who might have put in more than two or even three
decades of service. They have been imparting education to

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their students to the best of their ability without any serious
complaint. It is not that the students who have been imparted
education by the non-TET qualified teachers have not shone in
life. To dislodge such teachers from service on the ground that
they have not qualified the TET would seem to be a bit harsh
although we are alive to the settled legal position that
operation of a statute can never be seen as an evil.

216. Bearing in mind their predicament, we invoke our
powers under Article 142 of the Constitution of India and
direct that those teachers who have less than five years'
service left, as on date, may continue in service till they attain
the age of superannuation without qualifying the TET.
However, we make it clear that if any such teacher (having
less than five years' service left) aspires for promotion, he will
not be considered eligible without he/she having qualified the
TET.

217. Insofar as in-service teachers recruited prior to
enactment of the RTE Act and having more than 5 years to
retire on superannuation are concerned, they shall be under an
obligation to qualify the TET within 2 years from date in order
to continue in service. If any of such teachers fail to qualify
the TET within the time that we have allowed, they shall have
to quit service. They may be compulsorily retired; and paid
whatever terminal benefits they are entitled to. We add a rider
that to qualify for the terminal benefits, such teachers must
have put in the qualifying period of service, in accordance
with the rules. If any teacher has not put in the qualifying
service and there is some deficiency, his/her case may be
considered by the appropriate department in the Government
upon a representation being made by him/her.

218. Subject to what we have said above, it is reiterated
that those aspiring for appointment and those in-service
teachers aspiring for appointment by promotion must,
however, qualify the TET; or else, they would have no right of
consideration of their candidature.
219. With the aforesaid modification of the impugned
judgments/orders, all the appeals relatable to in-service
teachers of non-minority schools stand disposed of on the
above terms.’
[Emphasis is supplied]

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15. It is, thus, clear as sunlight that the Hon’ble Supreme Court

has issued a mandate with regard to the in-service candidates without TET,

candidates seeking employment and those in-service candidates who desire

promotion. In the present cases before us, we are concerned with the

mandate of in-service teachers aspiring for appointment by promotion.

Paragraph No.218 of Anjuman Ishaat-e-Taleem Trust (supra) leaves no

room for doubt that in-service teachers who desire appointment by

promotion will have no right to be considered until they acquire the TET

qualification. Without TET qualification, they can neither aspire for

promotion, nor can they be considered for promotion. This also leads to an

inference that those candidates who have been recently promoted will also

have to acquire the TET qualification. We are informed on the basis of the

record that the State Government intended to hold the exams for promotion

to the post of Cluster Head in view of the advertisement dated 05.06.2023.

However, no examination was ever conducted by the State Government. It

is in this backdrop that the advertisement dated 29.09.2025 makes a

mention of the 2023 advertisement and mandates candidates, with TET, to

appear for the Cluster Head LDC examination.

16. In the backdrop of the above conclusions, that we appreciate

the submissions made by the learned Senior Advocates, Mr. Apte and Mr.

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Katneshwarkar, that the State Government lost sight of its Recruitment

Rules (referred to herein above) which categorically settled the cut-off date

as being the first day of the month of January, of the year in which the

advertisement has been published. The learned Senior Advocates, Mr. Apte

and Mr. Katneshwarkar, and the learned Advocate, Mr. Karlekar, submit

that Rule 8-A introduced in the Recruitment Rules, 1967 vide the

amendment dated 18.07.2025, was not brought to the notice of this Court

when Writ Petition Nos.13519 and 13522 of 2025 were brought before the

Court. The Petitioners had canvassed that there are two cut-off dates, i.e.,

01.01.2025 and 10.11.2025. The State Government tendered a corrigendum

dated 04.11.2025 before this Court and canvassed that the cut-off date

would now be 10.11.2025. On this statement/corrigendum, both the Writ

Petitions were disposed off by order dated 17.11.2025.

17. Now, Mr. Apte, Mr. Katneshwarkar, and Mr. Karlekar, draw

our attention to Rule 8-A which has been introduced in the Recruitment

Rules and which reads as under :-

“1.- Appointment to the post of Kendra Pramukh, shall be
made either,-
(1) (A) by promotion of a suitable person having
eligibility for promotion on the basis of seniority from
amongst the persons holding the post of Head Master of
Primary School of Zilla Parishad and having not less than
six years of regular and continuous service on the post of

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Trained Graduate Teacher (Primary) in Zilla Parishad; and
(B) by promotion of a suitable person having eligibility
for promotion on the basis of seniority from amongst the
persons holding the post of Trained Graduate Teacher
(Primary) in Zilla Parishad and having not less than six
years of regular and continuous service on that post:
Provided that, seniority of the cadre of Trained Graduate
Teacher (Primary) in Zilla Parishad shall be taken into
consideration for appointment by promotion to the post
mentioned in Rule 1 (1)
(2) by selection of a suitable candidate on the basis of
merit from result of the Limited Departmental
Competitive Examination conducted therefor, as per the
policy and procedure prescribed by School Education and
Sports Department, from time to time, from amongst
candidates holding the post of,
(i) Trained Graduate Teacher (Primary) in Zilla Parishad
and having not less than six years of regular and
continuous service in that posts on the 1st of January of
the year of advertisement.

(ii) Trained Teacher (Primary) in Zilla Parishad who
possess essential qualification to get appointment to the
post of Trained Graduate Teacher (Primary), as prescribed
by School Education and Sports Department from time to
time and having not less than six years of regular and
continuous service in that posts on the 1st of January of
the year of advertisement.

2. Appointment to the post of Kendra Pramukh shall be
made by promotion and selection in the ratio of 50:50.”

18. The learned Advocate, Ms. Walimbe has strenuously

canvassed that the cut-off date as per the Recruitment Rules, has legal

sanctity. The said cut-off date has to be read as 01.01.2025 considering the

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date of the advertisement being 29.09.2025. She submits that the said cut-

off date cannot be ignored and it would be a mockery of the Recruitment

Rules if the advertisement dated 29.09.2025 is used as a tool to ignore the

cut-off date as per the recruitment rules.

19. Considering the above submissions, we find that, with the

disposal of the two Writ Petitions on 17.11.2025, neither was any law laid

down nor were the Recruitment Rules brought to our notice while

disposing of the two Writ Petitions. These Writ Petitions were disposed off

simply on the corrigendum ‘X’ dated 04.11.2025 that was placed before the

Court. Had the Recruitment Rules been brought to the notice of the Court

(Coram : Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.), the corrigendum

presented by the State would have been subjected to judicial scrutiny. The

State should have assessed the implication of introducing the corrigendum,

in the light of the Recruitment Rules. It is obvious that even the State did

not refer to the Recruitment Rules while issuing the corrigendum.

20. The learned Advocate, Ms. Walimbe is, otherwise right in

contending that the cut-off date prescribed under the rules, will have the

statutory force of law in the absence of any statute under any enactment.

The said cut-off date cannot be brushed aside. However, we are impelled to

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ponder on the aspect of prejudice being caused to around 38558 candidates

who have appeared for the examination held on 03.02.2026 and

04.02.2026, in pursuance to the advertisement dated 29.09.2025 which was

subjected to a corrigendum and effected only in 2026.

21. The learned Additional G.P., Mr. B. V. Samant, has canvassed

that the following grounds were necessitated for extending the cut-off date

and postpone the LDCE to 2026:-

a) It became clear to the State only after the judgment in

Anjuman Ishaat-e-Taleem Trust (supra) that TET had become

mandatory.

b) This mandatory condition was not within the knowledge

of the candidates who had applied pursuant to the cut-off date

01.01.2025.

c) If the cut-off date would not have been postponed to

01.01.2026, thousands of candidates would have suffered and

would have been disqualified.

d) The extension of the cut-off date would enable

thousands of candidates to be eligible considering the TET

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examination held on 21.11.2025, and whose results were

declared before the LDC examination.

e) The decision to extend the cut-off date was in tune with

the decision to hold the LDCE in February, 2026 which was in

larger public interest.

f) Such extension has not resulted in the disqualification

of even a single candidate, in fact has enable thousands of

candidates to appear for the LDCE which was eventually

conducted in February, 2026.

g) The above said decision is not arbitrary or unreasonable.

It, in fact, gives fullest effect to the judgment of the Hon’ble

Supreme Court in Anjuman Ishaat-e-Taleem Trust (supra).

h) The State is relying upon the judgment of the Hon’ble

Supreme Court delivered in Soumen Paul and others v/s

Shrabani Nayek and others, SLP (C) no. 12660 of 2023, 2025

INSC 451. In the said case, Rule 6(2) had a peculiar provision of

‘from TIME TO TIME’, which is also found in Entry 8-A under

Clause 2(ii) of Appendix IV of the ZP Recruitment Rules. The

intent of the Rule is to enable more and more candidates to

obtain eligibility qualifications.

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(i) In paragraph 31 in Soumen Paul (supra), it is held that

in exceptional and compelling cases, a departure could be made.

Paragraph 31 reads as under :

“31. The principles laid down by this Court in
Bhupinderpal Singh (supra) and the subsequent
decisions as referred to in Rakesh Kumar Sharma
(supra) and also that of the Constitution Bench in Tej
Prakash (supra) hold that the qualifications must be
possessed as per those prescribed in the rules or the
notification and in the absence of both, by reference to
the last date appointed for receiving the applications.
The recruitment notification dated 21.10.2022
indicated that the appellants’ will be given an
opportunity, and that intendment must inure to their
benefit. Under similar circumstances in Bhupinderpal
Singh (supra) this Court exercised its power and
jurisdiction under Article 142 of the Constitution to
validate and legitimise the recruitment process. The
relevant portion of the Judgment in Bhupinderpal
Singh (supra) is as follows :
“13. ....... (i) that the cut-off date by reference to
which the eligibility requirement must be satisfied
by the candidate seeking a public employment is
the date appointed by the relevant service rules
and if there be no cut-off date appointed by the
rules then such date as may be appointed for the
purpose in the advertisement calling for
applications; (ii) that if there be no such date
appointed then the eligibility criteria shall be
applied by reference to the last date appointed by
which the applications have to be received by the
competent authority. The view taken by the High
Court is supported by several decisions of this
Court and is therefore well settled and hence
cannot be found fault with. However, there are
certain special features of this case which need to
be taken care of and justice be done by invoking

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the jurisdiction under Article 142 of the
Constitution vested in this Court so as to advance
the cause of justice.”
(emphasis supplied)

22. The learned Senior Advocates, Mr. Apte and Mr.

Katneshwarkar, and the learned Advocate, Mr. Karlekar have canvassed

that if the cut-off date 01.01.2025 is enforced in the peculiar facts and

circumstances of this case, majority of the candidates would be rendered

ineligible, keeping in view the law laid down by the Hon’ble Supreme

Court in Anjuman Ishaat-e-Taleem Trust (supra) on 01.09.2025. They are

right in submitting that the State Government should have taken a call in

the backdrop of the Anjuman Ishaat-e-Taleem Trust’s Judgment which

mandated TET even for in-service candidates, if they desired promotion.

Since the Judgment was delivered on 01.09.2025, the State Government

should have taken a pragmatic view in the backdrop of the TET

advertisement dated 11.09.2025 for conducting the TET examination. The

TET examination was scheduled on 23.11.2025. Naturally, the results

could have been declared anytime in December, 2025. Factually, the final

results have been declared on 03.02.2026. Several hundreds of candidates

who have passed the LDC exams and are found to be in merit list, have all

qualified in their 2025-2026 TET examination whose result was declared

on 03.02.2026.

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OUR ANALYSIS AND CONCLUSIONS

23. We are of the view that as we deal with the sanctity of the cut-

off date prescribed in the Recruitment Rules, we cannot be oblivious to,

two decisive factors. Firstly, that 38558 candidates have appeared for the

examinations which have been conducted for filling up post of Cluster

Head by the LDC examination. Such examination is believed to have been

held for the first time after the COVID-19 pandemic on 03.02.2026 and

04.02.2026 (after six years). Secondly, the mistake or blunder committed

by the State as well as the Maharashtra State Council of Examination

cannot prejudice the rights of such candidates. Had the State Government

taken a pragmatic view of the peculiar facts and circumstances of this case,

it could have cancelled the 2025 advertisement and instead could have

published a fresh advertisement in 2026. We are informed and it is

undisputed by the State and the Examination Council that, by virtue of

clause 12.7 of the advertisement, whoever filled in the form for the LDCE,

irrespective his/her eligibility, was allowed to appear for the exam.

Unqualified candidates were also allowed to appear for the exam. The

State and the Examination Council should have filtered the application

forms since it was its duty to eliminate ineligible applicants. It is quite

obvious that neither the State nor the Examination Council have been

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diligent and vigilant. No scrutiny was conducted and anybody who filled in

the application, was permitted to appear for the examination.

24. In view of the above, due to peculiar facts and circumstances,

we are constrained to consider as to what could be the best option to

ensure that grave prejudice and manifestation inconvenience is not caused

to thousands of candidates, inasmuch as, the law laid down by the Hon’ble

Supreme Court in Anjuman Ishaat-e-Taleem Trust (supra) is implemented

without any excuses. We, therefore, find three possible ways of dealing

with the issue before us, which are as under :

(a) Whether a strict view be taken considering the

advertisement of September-2025 in the backdrop of the cut-off

date 01.01.2025 mandated under the Recruitment Rules and

disqualify all those candidates who do not have TET as on

01.01.2025 ?

(b) Whether, in the peculiar facts and circumstances, the

advertisement of September-2025 and the corrigendum dated

04.11.2025 declaring the cut-off date for eligibility as being

01.01.2026, can be accepted for avoiding grave prejudice and

manifest inconvenience to thousands of candidates ?

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held on 23.11.2025, after the provisional results were declared on

16.01.2026 and the final results were declared on 03.02.2026,

could inure to the benefit of all such candidates who appeared for

the Cluster Head LDC examinations on 03.02.2026 and

04.02.2026, after the declaration of the final results of the TET ?

25. While considering either of the above options, we are obliged

to be cognizant of the fact that any particular conclusion that we may arrive

at, should do minimal inconvenience and hardships, and should be a

pragmatic approach. If we take a strict view in the light of the Recruitment

Rules treating the 29.09.2025 advertisement as the nucleus and confirm

01.01.2025 as being the cut-off date, thousands of candidates who did not

have six years experience or lacked the TET qualification, will have to be

disqualified even if they may have acquired the six years experience during

2025 or passed the TET examination on 03.02.2026, despite the LDC

examination was postponed to 2026 and conducted on 03.02.2026 and

04.02.2026. In order to ensure that a lesser damage is caused to thousands

of candidates notwithstanding the irrational and illogical approach of the

State as well as the Examination Council, we need to adopt a golden mean.

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There is no doubt that the Recruitment Rules cannot be suppressed by a

different cut-off date mentioned in the advertisement de-hors the cut-off

date prescribed in the Recruitment Rules. However, if this conclusion is

drawn in the peculiar facts and circumstances of this case, thousands of

candidates will have to be disqualified, either for lacking in six years

experience or TET qualification or both.

26. The corrigendum to the advertisement dated 04.11.2025 was

issued by the Examination Council, which has postponed the cut-off date

to 01.01.2026. This was intimated to the High Court which disposed off

Writ Petition Nos.13519 and 13522 of 2025 by accepting the said

statement. This was brought to the notice of thousands of candidates by the

public notice dated 04.11.2025, who, therefore, carried the impression that

the cut-off date is 01.01.2026 and appeared for the LDCE. This option

available to the State seems to be logical for the reason that the TET

examination schedule was declared on 11.09.2025, much before the

advertisement dated 29.09.2025. Prior to the said cut-off date 01.01.2026,

the MTET-2025 examination was conducted on 23.11.2025. Had the

results been declared timely and expeditiously, the fate of these candidates

would have been known prior to 31.12.2025. Nevertheless, the provisional

result of MTET-2025 was declared on 16.01.2026 and the final results
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were declared on 03.02.2026. The LDC examination was conducted in two

phases on 03.02.2026 and 04.02.2026. Results were declared on

13.03.2026.

27. In the above facts situation, minimum hardship or

inconvenience or loss to the candidates could be caused if the benefit of

passing the TET before the holding of the LDC examination, could be

given to those who passed the TET and also have the six years experience

before the date of qualifying the promotion examination. When the LDCE

itself was held on February, 2026, extending the cut-off date to 01.01.2026

and holding MTET candidates who passed the said exam on 03.02.2026,

appears to be reasonable, logical and pragmatic.

28. In Tej Prakash Pathak and others v/s State of Rajasthan and

other, (2025) 2 Supreme Court Cases 1, it was held that the Court will be

reluctant to interfere with recruitment process, provided procedure adopted

is transparent, non-discriminatory, non-arbitrary and having rational nexus

to the object sought to be achieved. It was finally concluded in paragraph

65 (65.1 to 65.6) as under :

“65. We, therefore, answer the reference in the
following terms:

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65.1. Recruitment process commences from the
issuance of the advertisement calling for applications
and ends with filling up of vacancies:
65.2. Eligibility criteria for being placed in the select
list, notified at the commencement of the recruitment
process, cannot be changed midway through the
recruitment process unless the extant Rules so permit,
or the advertisement, which is not contrary to the extant
Rules, so permit. Even if such change is permissible
under the extant Rules or the advertisement, the change
would have to meet the requirement of Article 14 of the
Constitution and satisfy the test of non-arbitrariness;
65.3. The decision in K. Manjusree lays down good
law and is not in conflict with the decision in Subash
Chander Marwaha³. Subash Chander Marwaha³ deals
with the right to be appointed from the select list
whereas K. Manjusree deals with the right to be placed
in the select list. The two cases therefore deal with
altogether different issues;
65.4. Recruiting bodies, subject to the extant Rules,
may devise appropriate procedure for bringing the
recruitment process to its logical end provided the
procedure so adopted is transparent, non-
discriminatory/non-arbitrary and has a rational nexus to
the object sought to be achieved;

65.5. Extant Rules having statutory force are binding
on the recruiting body both in terms of procedure and
eligibility. However, where the rules are non-existent,
or silent, administrative instructions may fill in the
gaps;
65.6. Placement in the select list gives no
indefeasible right to appointment. The State or its
instrumentality for bona fide reasons may choose not to
fill up the vacancies. However, if vacancies exist, the
State or its instrumentality cannot arbitrarily deny
appointment to a person within the zone of
consideration in the select list.”
[Emphasis is supplied]

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29. In Chhotu Ram v/s State of Haryana and others, (2000) 10

Supreme Court Cases 399, it was held in paragraph 5 as under :

“It is true that Rule 9 of the Haryana Service of
Engineers Class II (Public Works Department,
Irrigation Branch) Rules says that the cut-off date will
be the 1st of January of the year concerned and here the
cut-off date will be 1-1-1980. In a situation where a
person takes an examination before the cut-off date and
the result is declared after the cut-off date the
abovesaid administrative order dated 23-7-1973
clarifies as to what is to be done. In our view the said
clarification is not in conflict with the statutory rules,
inasmuch as it only states that where by the date on
which the Departmental Promotion Committee meets,
the result is also declared, maybe subsequent to the cut-
off date, the person must be considered to be eligible
with reference to the date of the examination if the
examination had been conducted before the cut-off
date. We do not, therefore, see any conflict between the
clarification dated 23-7-1973 and the statutory rules.
Giving effect to the abovesaid clarification, it must be
held that the appellant was qualified as on September
1980 when DPC met. We, therefore, order that the case
of the appellant be considered on the basis that he was
qualified by the cut-off date, 1-1-1980. If he is
considered fit for promotion as in September 1980, he
shall be given the necessary promotion and other
consequential benefits. In case the Department feels
that any other persons are likely to be affected in the
seniority it will be open to the Department to give
notice to those candidates before finalising the case of
the appellant. The appeal is allowed. However, in the
circumstances there shall be no order as to costs.”

30. In the light of the above cited reports that we have considered,

what we find to be very peculiar factors in this case, at the cost of

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repetition, which are most relevant for us to come to a pragmatic

conclusion, are as under :

(a) The Cluster Head LDC exam had not been conducted

by the State for more than six years.

(b) The uncertainty as regards whether TET is an additional

requirement or a qualification and whether acquiring TET would

a mandate for in-service candidates for the purpose of

promotion, has been put to rest by Anjuman Ishaat-e-Taleem

Trust (supra). It has been concluded that any candidate seeking

promotion, either as an in-service candidate or by way of an

applicant for the Cluster Head LDC examination, has to have

qualified TET. The TET is declared to be a requisite qualification

and not an additional requirement.

examination was published on 11.09.2025.

(d) The advertisement for holding the LDC examination to

the post of Cluster Head was published on 29.09.2025. The said

exam was postponed to 03.02.2026 and 04.02.2026.

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(e) The TET examination was held on 23.11.2025 and the

provisional result was declared on 16.01.2026, and the final

result was declared on 03.02.2026.

(f) Several Candidates have passed the TET examination

2025-2026, on 03.02.2026.

(g) The LDC exam was held on 03.02.2026 and

04.02.2026. The results were declared on 13.03.2026.

(h) The instant Cluster Head promotion exam has been held

after six years. It was proposed to be held in 2023, which was

postponed.

(i) By the 29.09.2025 advertisement, the exam was

proposed to be held in 2025. Thereafter, the Examination

Council and the State postponed the examination to be held in

2026 on 03.02.2026 and 04.02.2026 by publishing an

advertisement in 2025 by which the cut-off date under the

Recruitment Rules would have been 01.01.2025. If this date is to

be maintained, thousands of candidates will have to be

disqualified for lacking in TET qualifications and six years

experience. Manifest inconvenience and grave hardship would

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be caused to them. The cut-off date 01.01.2025 would disqualify

thousands of candidates and cause miscarriage of justice.

Per-contra, since the LDC examination was held in

February-2026, the Examination Council and the State

Government have adopted a pragmatic approach in settling the

cut-off date as 01.01.2026, in order to enable more eligible

candidates to appear for the exams. This would result in

inclusion of eligibile candidates as on 01.01.2026, and not

exclusion.

(j) As it is, the entire year 2025 has been lost and as no

examination was held. Now that the examination was held in two

phases in February-2026, the benefit of having the cut-off date

01.01.2026 and permitting all those MTET examinees who have

already appeared for the examination on 23.11.2025 and who

passed the TET on 03.02.2026, could also be granted the benefit

of having taken this exam, as a special case. Without laying

down in precedent and by treating this order as being a one time

measure to give benefit to a larger section of the society, the ends

of justice would be met. Minimal hardships and inconvenience

would be caused to any of the examinees.

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31. Taking a considered view of all above peculiar facts and

circumstances, we find that no loss or harm could be caused to any of

examinees, if the cut-off date is held to be 01.01.2026 with regard to the

requisite qualifications and passing of the 2025-2026 TET examination on

03.02.2026, before the Cluster Head LDC examination. In fact, thousands

of candidates would be benefited.

32. There can be an argument that some of the candidates who did

not have six years experience and did not possess TET as on 01.01.2025,

may not have appeared for the examination. We are circumspect on such

submissions. A judicial pronouncement cannot be tailor made to satisfy

each and every person. Moreover, only because more candidates would get

a chance to compete in the LDCE, cannot be a ground to take a constricted

view, which in our consideration, would be a pedantic approach. The

examination process is continuous and we could issue directions to the

State Government to conduct MTET examinations at least once a year, as

also the Cluster Head LDC examinations. So also, any prejudice or

hardship caused to a small section of the competitors, will be outweighed

by brighter opportunities available to a large section of the candidates.

Increased competition is not a ground for limiting competition by taking a

pedantic view. Any other option than the one we have chosen, would cause

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greater prejudice and grave hardships to those who have taken the LDC

examination and have qualified as per the eligibility criteria in the light of

the above peculiar facts.

33. There is no dispute that, no eligibility criterion is changed. No

prejudice is caused to anybody, except that competition has grown by

inclusivity. All equally placed candidates are given the opportunity to

appear for the LDCE. All candidates who have 6 years experience and have

cleared the TET before the LDCE, would be eligible.

34. We are informed that the in-service candidates have been

promoted as Cluster Head (50% promotion) purely based on seniority, in

July-2025 comprised of such promoted candidates who may not have

acquired the TET qualifications. Such candidates would be squarely

covered by the directions in Anjuman Ishaat-e-Taleem Trust (supra).

35. In view of the above, we conclude as under :

(a) Without laying down any precedent and as a one time

arrangement, we hold that the cut-off date for the 2025-2026

Cluster Head LDC examination, shall be 01.01.2026.

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(b) Candidates who have appeared for the examination and

have gathered six years experience as on 01.01.2026, would be

eligible, provided they have acquired the TET qualification.

and who have appeared for the November-2025 TET

examination and have passed the TET on 03.02.2026, would be

eligible.

(d) Those who gathered six years experience after

01.01.2026 or are not TET qualified, will be ineligible.

(e) All ineligible candidates in view of above Clauses (a)

(b) (c) and (d), who have appeared for the Cluster Head LDC

examination, shall stand disqualified. Needless to state, they are

at liberty to gather the experience/TET qualification in future in

the light of the directions set out in Anjuman Ishaat-e-Taleem

Trust (supra), and would be at liberty to appear for such LDC

examination in future.

We also direct that,

(f) The Maharashtra State, as well as the Maharashtra

Examination Council, shall be legally obliged to ensure that,

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advertisements for examinations for recruitment in terms of the

Recruitment Rules as regard the cut-off date as the first day of

the first month of that year, should be published in close

proximity with such cut-off date and the examination should be

concluded preferably in the first half of each year.

In the alternative, the Recruitment Rules be suitably amended

and a pragmatic decision be taken to settle the cut-off date as

being not earlier than three months preceding the date of the

advertisement.

The cut-off date be prescribed as being 1 st January of the year if

the advertisement is published in the first half of the year or 1 st

July of the year if the advertisement is published in the second

half of the year.

(g) The Recruitment Rules be also amended to include

MTET or CTET as a requisite qualification for Cluster Heads,

and whenever applicable.

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36. In view of the above, all the Writ Petitions and the Interim

Applications stand disposed off.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)

The learned Advocate, Ms. Walimbe submits that the

directions set out in the Judgment pronounced today should not be

implemented.

For the detailed analysis set out in this Judgment and the

endeavour made by this Court to ensure that minimal hardship and

inconvenience are caused to the candidates, and that the grievances of most

candidates are redressed keeping in view that the examination has been

conducted after six years and that it was overdue that eligible candidates

should be promoted to the post of Cluster Head, the request is rejected.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)

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