Full Judgment Text
2025:BHC-AS:48344-DB
Digitally signed
by ARUNA
SANDEEP
TALWALKAR
Date:
2025.11.12
19:32:46 +0530
ARUNA
SANDEEP
TALWALKAR
7.WP4320.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(Sr. No. 7) WRIT PETITION NO. 4320 OF 2023
Rubina Mohammad Shafi Momin.
Age: 44, Occupation: Service,
R/A. S. No. 64/503 Maharashi Nagar,
Pune 411 037. … Petitioner.
V/s.
1) Anjuman-I- Islam Peermohamed
High School thr. Its Chairman,
25, Bund Garden Road,
Pune 411 001.
2) The Principal, Anjuman-I- Islam
Peermohamed High School
3) The Directorate of Secondary
Education through Education Officer,
Smt. Sunanda Vakhare,
Age : Adult, Occ: Service,
Dr. Anne Basent Road,
Central Building, Pune 411 001.
4) The State of Maharashtra
through the Ministry of Schooling
Education , Mantralaya, Mumbai. … Respondents.
WITH
(Sr. No. 8) WRIT PETITION NO. 4321 OF 2023
Ms. Samina Amin Shaikh.
Age: 35, Occupation: Service,
R/A. Chatrapati Shivaji Maharaj Road,
Khadaki, Pune 411 003. … Petitioner.
V/s.
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1) Anjuman-I- Islam Peermohamed
High School thr. Its Chairman,
25, Bund Garden Road,
Pune 411 001.
2) The Principal, Anjuman-I- Islam
Peermohamed High School
3) The Directorate of Secondary
Education through Education Officer,
Smt. Sunanda Vakhare,
Age : Adult, Occ: Service,
Dr. Anne Basent Road,
Central Building, Pune 411 001.
4) The State of Maharashtra
through the Ministry of Schooling
Education , Mantralaya, Mumbai. … Respondents.
---
Mr. Anwar F. Shaikh, Advocate for Petitioners.
Mr. A.G. Kothari, Advocate for Respondent Nos. 1 and 2.
Mr. B.V. Samant, Addl. G.P. with Ms. Priyanka Chavan, AGP for
Respondent/State in WP/4320/2023.
Ms. D.S. Deshmukh, AGP for Respondent/State in WP/4321/2023.
---
CORAM : RAVINDRA V. GHUGE AND
ASHWIN D. BHOBE, JJ.
th
DATE : 10 NOVEMBER, 2025
ORAL JUDGMENT : (By Ravindra V. Ghuge, J)
1. Rule. Rule made returnable forthwith and heard finally by
the consent of the parties.
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2. We have perused the Order dated 28.01.2025 passed by the
Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.
17702 of 2021, (The Director of School Education Chennai and Ors. Vs.
B. Annie Packiarani Bai & Anr.). The Order of the Hon’ble Supreme
Court dated 28.01.2025, reads as under :
th
1.
While issuing notice in SLP (C) No. 2691 of 2022 on 14
February, 2022, a coordinate Bench of this Court formulated
the following question for decision :
“1. The important question of law which is raised in the
present SLP is whether the Department can insist for TET
examination passed in case of Teacher of a minority
institution and whether providing such a qualification would
effect any of the rights of the minority institution
guaranteed under the Constitution of India?”
2.
One other seminal question of importance that arises for
decision on this bunch of special leave petitions is, whether
teachers appointed much prior to issuance of the Notification
th
dated 29 July, 2011 and having years of teaching experience
(say, 25 to 30 years) are required to succeed in the Teachers’
Eligibility Test for being considered qualified for promotion.
3. Leave granted.
4. List the appeals on 6th February, 2025 (top of the Board), to be
called at 10.30 a.m.
5. Since there are multiple parties having individual grievances,
the order in which the arguments are to be advanced by learned
senior counsel/learned counsel representing them would be as
follows :
(i) State of Tamil Nadu and other States as well as
Article 12 authorities, if any;
(ii) Teachers aspiring for promotion not having TET
qualification’;
(iii) Minority institutions who are not in favour of
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application of the Right to Education Act, 2009 to institutions
established and administered by them, followed by those who
are in favour of such application.
(iv) All TET qualified teachers who want to march ahead
of the non-TET qualified teachers.
6. Notice of the appeals may be served in the office of the learned
Attorney General for India informing him that we wish to be
addressed by him and to be extended due assistance in the
matters (the question of interpretation of a Central Act is
involved) after the arguments, in terms of the sequence
mentioned in the preceding paragraph, are over."
3. On 01.09.2025, the Hon’ble Supreme Court delivered a
Judgment in Anjuman Ishaat-e-Taleem Trust Vs. State of Maharashtra &
Ors., (2025 SCC OnLine SC 1912). The said Judgment was considered
by this Court while dealing with WP No. 7943 of 2024 (Sagar Dattatray
Chorghe Vs. The State of Maharashtra & Ors .) and Writ Petition No. 861
of 2025 ( Sangita Ramchandra Salunke Vs. The State of Maharashtra &
Ors. ). We have delivered a Judgment on 11.09.2025 and we have
concluded, on the basis of the Judgment of the Hon’ble Supreme Court
in Anjuman Ishaat-e-Taleem Trust (Supra), more particularly Paragraph
Nos. 194 to 218 and we concluded from Paragraph Nos. 10 to 18 as
under :
“10. As such, the contentions of the in-service
teachers, who did not have the TET qualifications,
were rejected by the Hon’ble Supreme Court and it
was recorded in Paragraph Nos.200 and 201 that
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obtaining the TET qualification under the RTE Act is
mandatory. If a candidate does not obtain such
qualification and is an in-service teacher, he would
cease to have any right to continue in service. The
conclusions in Paragraph Nos.204, 205 and 206
make things clear that TET is one of the minimum
qualifications that is prescribed under Section 23 of
the RTE Act.
11. In view of the said Judgment delivered in
Anjuman Ishaat-E-Taleem Trust (Supra), the
Hon’ble Supreme Court concluded as under :-
a) In-service teachers (irrespective of the
length of their service), would be required to
qualify the TET to continue in service.
b) By invoking Article 142 of the
Constitution of India, those teachers who are
in service prior to the advent of the RTE Act,
having less than five years service left on the
date of the Judgment of the Hon’ble
st
Supreme Court (1 September, 2025), may
continue in service till the age of
superannuation without qualifying the TET.
Such teachers would not be entitled for
promotion. If such teacher aspires for
promotion, he will have to qualify the TET.
c) In-service teachers recruited prior to
the enactment of the RTE Act and having
more than five years for superannuation,
shall be obliged to qualify the TET within
two years from the date of the order (1st
September, 2025), in order to continue in
service. If any such teacher fails to qualify
the TET within the two years, he shall have
to quit service or he may be compulsorily
retired with payment of terminal benefits. To
qualify for the terminal benefits, such teacher
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must have put in the qualifying period of
service, as is required under 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.
d) Candidates aspiring for appointment
or those in- service teachers aspiring for
promotion, must qualify the TET.
12. The issue raised before us is as to what
would be the fate of those in-service candidates, who
joined employment without the TET/CTET
qualifications, after TET was made compulsory and
have not acquired the said qualification till today or
have acquired it before the Judgment of the Hon’ble
Supreme Court in Anjuman (Supra) ?
13. The Judgment of the Hon’ble Supreme Court
in Anjuman Ishaat-E-Taleem Trust (Supra), does not
reveal that this aspect was addressed to the Hon’ble
Supreme Court. While dealing with cases of in-
service candidates, who joined prior to the said test
becoming mandatory, the Hon’ble Supreme Court
ruled that those teachers, who have less than five
years service left, need not acquire the qualification,
unless they desire promotion. Those having more
than five years to retire, shall acquire the TET
qualification within two years from the date of the
Judgment. If they fail to qualify the TET within the
said time, they shall be removed from employment
or can be compulsorily retired.
14. Drawing guidance from this conclusion, we
are of the view that ends of justice would be met and
the dictum of the Hon’ble Supreme Court in
Anjuman Ishaat-E-Taleem Trust (Supra), would
stand followed, if we hold that those candidates who
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have acquired the TET before the judgement in
Anjuman (supra) was delivered, can safely continue
in employment, keeping in view the direction of the
Hon’ble Supreme Court granting 2 years period to
acquire the said qualification. If 2 years time from
the date of the said Judgment has been granted to
such candidates, then, those who have acquired the
said qualification before the pronouncement of the
judgment in Anjuman (supra), can surely be
protected.
15. We, therefore, conclude that in cases
wherein, teachers who joined service after the
introduction of the mandate of TET, did not acquire
the TET qualification prior to 31st March, 2019 and
have acquired the qualifications prior to the
Judgment of the Hon’ble Supreme Court in Anjuman
st
Ishaat-E-Taleem Trust (Supra), dated 1 September,
2025, can be continued in service and they would
also be entitled for promotion.
16. Needless to state, in all above cases, what is
said about the State TET, would also apply to the
CTET, meaning that candidates who have acquired
CTET will be at par with the candidates who have
acquired the State TET.
17. In view of the above, both these Writ
Petitions are partly allowed. The impugned orders
refusing approval to their transfer from the unaided
establishment to the aided establishment, on account
of failing to acquire TET prior to 31st March, 2019,
shall stand quashed and set aside, in cases wherein
the Petitioners have acquired the TET/CTET
qualification. As both these Petitioners have
acquired the TET/CTET qualification even prior to
the Judgment of the Hon’ble Supreme Court in
Anjuman Ishaat-E-Taleem Trust (Supra), they would
be entitled for approval to such transfer from the
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unaided to the aided establishment, and also the
Shalarth-ID, provided there is no other legal
impediment. We, therefore, direct the concerned
authority to consider each of these cases,
independently and pass a ‘fresh order’ with reasons,
at the earliest.
18. We record that those cases in which the
candidates are alleged to have participated in the
2019 TET exam results scam, would not be ipso
facto covered by the view taken in this Judgment. In
short, each of such type of cases, would be
scrutinized by the Court, independently, on the facts
and circumstances of each case.”
4. It is undisputed that both these Petitioners have secured
their TET Qualification after the cut off date 31.03.2019. It is
specifically contended by the Petitioners and admitted by the
Respondents that none of the Petitioners are involved in the 2018 or
2019 TET Exam Results Scam. As such, there is no impediment in
considering this case, notwithstanding the pendency of the issue before
the Hon’ble Supreme Court, as to whether TET would be a compulsory
qualification for appointing teachers by the Minority Institutions. We
say this because, both the Petitioners have the TET Qualification.
Hence, if the Hon’ble Supreme Court concludes either ways, whether by
holding that the teachers in the minority institutions should have the TET
qualifications or vice-versa, would not dent the rights of these
Petitioners.
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5. In view of above, this Petition is partly allowed. The
Petitioners would be granted approval to their service with notional
effect from their dates of appointment. They would be entitled for the
monetary benefits, available through the salary grants extended by the
State Government, from the dates they acquired their TET qualification.
For the said purpose, the Management would initiate steps by sending
proposals to the Competent Authority to have the names of the
Petitioners included in the Shalarth I.D. so that their payment of salary
would commence accordingly. We expect the arrears of the salary to be
calculated and paid within a period of 75 days from today.
6. In the event of any legal impediment, the Competent
Authority is at liberty to pass a reasoned order. If any of the Petitioners is
not working on a grant-in-aid post, salary will have to be paid by the
Management as per the scales approved under the law.
7. Rule is made absolute in the above terms.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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