Full Judgment Text
2026:BHC-AS:18570-DB
60-WP-3461-2026-(C).ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3461 OF 2026
1. Shailesh Kashinath Raut,
Age : 53 years,
Presenting working at Z.P. School Dabhale,
Tal. Dahanu, Dist. Palghar – 401103.
2. Dilip Shantaram Pimple,
Age : 56 years,
Presenting working at Z.P. School, Mahagaon
Tal. & Dist. Palghar – 401501.
3. Gajendra Ramchandra Pimple,
Age : 53 years,
Presenting working at Z.P. School-
Khairepada, Tal. & Dist. Palghar.
4. Mahesh Ramchandra Pimple,
Age : 53 years,
Presenting working at Z.P. School- Vevur,
Tal. & Dist. Palghar.
5. Manoj Budhaji More,
Age : 53 years,
Presenting working at Z.P. School,
Kainad Kotabipada,
Tal. Dahanu, Dist. Palghar.
6. Bachhu Balu Rokada,
Age : 55 years,
Presenting working at Z.P. School-
Ambesari Khadakipada,
Tal. Dahanu, Dist. Palghar.
7. Bharati Hareshwar Khatal,
Age : 52 years,
Presenting working at Z.P. School,
Bavade-Navapada,
Tal. Dahanu, Dist. Palghar.
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8. Vasant Ragho Soman,
Age : 54 years,
Presenting working at Z.P. School,
Osavira, Tal. Dahanu, Dist. Palghar.
9. Darshna Sunil Vartak,
Age : 52 years,
Presenting working at Z.P. School-
Saravali Patilpada,
Tal. Dahanu, Dist. Palghar.
10. Dattu Lahanya Gadag,
Age : 53 years,
Presenting working at Z.P. School,
Vankas Vaghaipada, Dist. Palghar.
11. Dilip Raghunath Davada,
Age : 56 years,
Presenting working at Z.P. School,
Chimbave Bramhanpada,
Tal. Dahanu, Dist. Palghar.
12. Jamu Jethya Varkhandya,
Age : 51 years,
Presenting working at Z.P. School,
Jamshet Savarpada,
Tal. Dahanu, Dist. Palghar.
13. Jana Tulsi Dauda,
Age : 54 years,
Presenting working at Z.P. School,
Asave Savarpada,
Tal. Dahanu, Dist. Palghar.
14. Jayshree Vidyadhar Subhane,
Age : 54 years,
Presenting working at Z.P. School-
Dabhale, Tal. Dahanu, Dist. Palghar.
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15. Jaywant Bhika Namkoda,
Age : 55 years,
Presenting working at Z.P. School-
Vadakun Lonipada,
Tal. Dahanu, Dist. Palghar.
16. Jyoti Vilas Komb,
Age : 55 years,
Presenting working at Z.P. School-
Debale, Tal. Dahanu, Dist. Palghar.
17. Kashiram Kalya Bhoye,
Age : 55 years,
Presenting working at Z.P. School-Kasa,
Tal. Dahanu, Dist. Palghar.
18. Lata Krushna Donadkar,
Age : 55 years,
Presenting working at Z.P. School-
Chimbave Bramhanpada,
Tal. Dahanu, Dist. Palghar.
19. Lata Prakash Baviskar,
Age 53 years,
Presently working at ZP School-Vangaon
Kumbhpada, Tal Dahanu, Dist Palghar
20. Laxman Soma Pawar,
Age 53 years
Presently working at ZP School Saiwan,
Tal-Dahanu, Dist-Palghar
21. Laxman Sukar Mahale,
Age 53 years,
Presently working at ZP School Saiwan,
Tal-Dahanu, Dist.-Palghar
22. Madhavi Madhukar Dagala,
Age 56 years,
Presently working at ZP School Charoti,
Tal-Dahanu, Dist. Palghar
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23. Neelima Narendra Vayada,
Age 55 years,
Presently working at Z. P. School-
Dhakpada 1, Tal-Dahanu, Palghar
24. Nilam Sunil Sankhe,
Age 53 years,
Presently working at ZP School Palghar
No.1, Dist Palghar.
25. Pradeep Madan Tare,
Age 51 years
Presently working at ZP School Chinchani
No. 3, Tal- Dahanu Dist – Palghar.
26. Pradnya Parshuram Nikole,
Age 56 years,
Presently working at ZP School Vasgaon,
Tal-Dahanu, Dist-Palghar.
27. Mahesh Popat Rawal,
Age 55 years,
Presently working at ZP School Wangaon
Wakipada, Tal. Dahanu, Dist. Palghar.
28. Raghunath Soma Mahale,
Age 52 years,
Presently working at ZP School Shilonda,
Tal-Dahanu, Dist-Palghar.
29. Ramu Sukhad Vayada,
Age 56 years,
Presently working at ZP School,
Raytalichimbatpada, Tal-Dahanu, Palghar.
30. Ravindra Udhhav Ravate,
Age 55 years,
Presently working at ZP School Chimbave
Bramhanpada Tal. Dahanu, Dist. Palghar.
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31. Rekha Bhupendra Vartak,
Age 57 years,
Presently working at ZP School Nageshwar-
Pada, Tal-Dahanu, Dist-Palghar
32. Ramchandra Bhanya Wagat,
Age 53 years,
Presently working at ZP School Sironda
Chinchpada, Dist. Palghar.
33. Rubina Ashfaq Shaikh,
Age 52 years
Presently working at ZP School Chinchani
No. 4, Tal-Dahanu, Palghar
34. Sainath Ramachandra Hamre,
Age 53 years,
Presently working at ZP School Savate
Marathi, Tal. Dahanu Dist Palghar.
35. Sunita Ajay Bujad,
Age 52 years,
Presently working at ZP Kotbi Bujadpada.
Tal-Dahanu, Dist-Palghar
36. Suresh Ganpat Dhulsada,
Age 55 years,
Presently working at ZP School Jitgaon
Tal. Dahanu, Dist. Palghar
37. Suresh Satya Mhaskar,
Age 53 years,
Presently working at ZP School Avadhani
Kompada, Tal Dahanu Dist Palghar
401602.
38. Ulka Uday Sankhe,
Age 52 years,
Presently working at ZP School Vevur,
Tal Dist- Palghar.
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39. Unmesh Avinash Save,
Age 55 years,
Presently working at Z. P School
Bhutalman, Tal. Dist. Palghar
40. Venu Raghunath Bhoye,
Age 56 years,
Presently working at Z.P. School Tava,
Tal. Dahanu, Dist. Palghar
41. Yashvant Kashinath Gavit,
Age 53 years,
Presently working at ZP School
Sukhadaamba Shirasonpada, Tal Dahanu,
Dist Palghar.
42. Yashwant Dasma Chimbada,
Age 54 years,
Presently working at ZP School Jitgaon,
Tal. Dahanu, Dist. Palghar
43. Ajay Vasudev Patil,
Age 49 Years,
Presently Working at ZP School Savate
Marathi, Tal Dahanu, Dist Palghar.
44. Dipali Dilip Pimple,
Age 52 Years,
Presently Working at ZP School-
Khairepada, Tal, Dist-Palghar 401501.
45. Kanchan Gajendra Pimple,
Age 48 years,
Presently Working at ZP School
Lokhandipada Tal Palghar Dist Palghar.
46. Maduri Umesh Raut,
Age 50 Years,
Presently Working at ZP School-Tembhode,
Tal Dist-Palghar.
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47. Nayana Ashok Wade,
Age 56 Years, Presently Working at ZP
School Saravali, Tal Dist-Palghar 401501.
48. Pranitkumar Prabhakar Parundekar,
Age 47 Years
Presently Working at ZP School-Boisar
Marathi, Tal Dist-Palghar.
49. Priyanka Pramod Sankhe,
Age 57years
Presently Working at ZP School
Machhipada, Tal Dist-Palghar 401501.
50. Umesh Baban Raut,
Age 54 years,
Presently Working at Mahim Ingalepada
No-2, Tal & Dist-Palghar.
51. Purva Prashant Pimple,
Age 48 years,
Presently working at ZP School Kolawade,
Tal. Dist Palghar
52. Dhanesh Ganu Bhandari,
Age 53 Years,
Presently working at Jambhale Bhendwad,
Tal Dist. Palghar.
53. Rajendra Sakharam Sankhe,
Age 48 Years,
Presently working at Jambhale Bhendwad,
Tal. Dist. Palghar.
54. Sumita Bhalchandra Sankhe,
Age 58 Years,
Presently working at Shewali,
Tal. Dist Palghar.
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55. Sujata Vipin Wade,
Age 42 years,
Presently working at ZP School Dhondipada,
Tal. Dist. Palghar
56. Manish Atmaram Patil,
Age 49 years,
Presently working at ZP School
Haranpada, Tal. Dist. Palghar
57. Avinash Raghunath Patil,
Age 51 years,
Presently Working at ZP School Birwadi,
Tal. Dist. Palghar.
58. Archana Yogesh Sankhe,
Age 50 Years ,
Presently Working at ZP School Bhoisar
Lokhnadipada, Tal. Dist. Palghar.
59. Navidmo Shoil Shaikh,
Age 53 years,
Presently working at ZP School Shirgaon
Urgu, Tal. Dist. Palghar.
60. Santosh Shantaram Mhatre
Age 49 years,
Presently Working at ZP School Aachole
Tal. Vasai Dist. Palghar
61. Ashok Somnath Gavit,
Age 52 years,
Presently Working at ZP School Varvada
Patilpada, Dist Palghar.
62. Damu Diwal Baraf,
Age 52 years,
Presently Working at ZP School Kochai
Patilpada. Tal Talasari Dist. Palghar.
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63. Ditmal Kutwal Pawara,
Age 53 years
Presently Working at ZP School Ghimniya
Paraspada, Dist. Palghar.
64. Jana Dharma Dabake,
Age 52 years,
Presently Working at ZP School Varvada
Patilpada, Dist Palghar.
65. Jana Raghu Dhum,
Age 55 Years,
Presently Working at ZP School Avhchad
Industries Dist. Palghar.
66. Kiran Ditya Valvi,
Age 51 years,
Presently Working at ZP School Girgaon
Dolharpada Dist. Palghar.
67. Madan Janu Shingade,
Age 53 Years,
Presently Working at ZP School Girgaon
Arajpada Tal. Talasari Dist. Palghar.
68. Navin Keshav Dhodi,
Age 49 years,
Presently Working at PM Shri ZP School
Kawada Thakarpada, Tal Talasari,
Dist. Palghar
69. Nicholas Mahanak Baraph,
Age 51 Years,
Presently Working at ZP School Bormal
Patilpada Tal. Talasari Dist. Palghar.
70. Rajesh Namdeo Lahamge,
Age 52 years,
Presently Working at ZP School Dongari
Vilatpada Tal. Talasari Dist. Palghar
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71. Rajesh Ratna Vaghat,
Age 51 years,
Presently Working at ZP School Ghimniya
Vanjarpada, Dist Palghar.
72. Sainu Kishor Sutar,
Age 54 years,
Presently working at Z.P. School Uplat
Kondharpada, Tal. Talasari, Dist. Palghar.
73. Sheela Shantaram Talha,
Age 54 years,
Presently working at Z.P School
Shetkishala Talasari, Tal-Talasari,
Dist.- Palghar
74. Subhash Paskal Khatale,
Age 52 years,
Presently working at ZP School Talasari
Musalpada, Tal. Talasari, Dist. Palghar
75. Govind Jethya Dombhare,
Age 51 years,
Presently working at ZP School Dongari
Vilatpada, Tal. Talasari, Dist. Palghar.
76. Arun Wajya Kode,
Age 54 years,
Presently working at ZP School
Bhudanpada,
Tal. Wada, Dist. Palghar.
77. Ashok Kanhu Ghagas,
Age 55 years,
Presently working at ZP School, Tilase,
Tal-Wada Dist. Palghar
78. Atul Janardan Jawharkar,
Age 54 years,
Presently working at ZP School Sonshiv
Tal. Wada Dist. Palghar.
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79. Balu Pandu Mengal,
Age 53 years,
Presently working at Z. P. School
Kalambhe, Tal-Wada Dist-Palghar,
80. Bhagavan Kisan Meghawale,
Age 53 years, Presently working at ZP
School Khupari, Tal. Wada, Dist. Palghar.
81. Bhaskar Vishram Tarvi,
Age 56 years,
Presently working at Z.P.School-
Malavkarpada, Tal-Wada, Dist-Palghar.
82. Chandrakala Chandrakant Patil,
Age 55 years,
Presently working at
ZP School Tilase, Tal. Wada Dist. Palghar.
83. Devram Lahanu Topale,
Age 56 years,
Presently working at ZP
School Kumbhiste, Tal Wada Dist. Palghar.
84. Dilip Ganpat Mokashi,
Age 52 years,
Presently working at ZP School Malipada, \
Tal.-Wada, Dist.-Palghar.
85. Ganesh Bhikaji Patil,
Age 55 years Presently working at ZP
School-Dahe, Tal.-Wada, Dist.-Palghar
86. Pratap Mahadu Dalavi,
Age 54 years,
Presently working at ZP School Moj,
Tal. Wada Dist. Palghar.
87. Ramchandra Laxman Sapte,
Age 53 years, Presently Working at Z.P.
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School Charanwadi, Post Parali, Tal. Wada,
Dist. Palghar -421303.
88. Ratanprbha Lotan Warude,
Age 56 years,
Presently Working at ZP School Umrothe
Tal. Wada Dist. Palghar
89. Ravindra Vithu Harad,
Age 56 years,
Presently Working at ZP School Pali,
Tal. Wada. Dist. Palghar.
90. Sadhana Mukesh Bhanushali,
Age 52 years,
Presently Working at Z.P. School
Hamrapur, Tal. Wada, Dist. Palghar.
91. Sangita Sunil Thakare,
Age 54, Years, Presently Working at ZP
School Wada, Tal. Wada Dist. Palghar
92. Sanjay Shamrao Vinjari,
Age 54 years,
Presently working at ZP School-
Balshetpada
Tal.-Wada, Dist.-Palghar
93. Santosh Baban Jadhav,
Age 52 years,
Presently working at ZP School Dodepada,
Tal. Wada, Dist Palghar.
94. Shobha Arun Panhale,
Age 57 years,
Presently working at ZP School Pali,
Tal. Wada, Dist.Palghar
95. Tukaram Ananta Chaudhari,
Age 55 years,
Presently working at Z.P. School Nishet,
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Tal. Wada, Dist. Palghar
96. Umesh Madhav Khirade,
Age 48 years,
Presently working at ZP School Pall,
Tal.-Wada Dist. Palghar
97. Urmila Umesh Khirade,
Age 53 Years,
Presently working at ZP School, Varale
Tal.-Wada, Dist. Palghar
98. Vasant Pandurang Sonavane,
Age 56 Years,
Presently working at ZP School Morepada,
Tal. Wada, Dist. Palghar.
99. Vidhya Krushna Savant,
Age 55 years,
Presently working at ZP School Kone,
Tal. Wada, Dist. Palghar.
100. Vijay Dattatrey Sawant,
Age 56 years,
Presently working at ZP School-Palsai
Tal. Wada, Dist. Palghar.
101. Ranjita Rajaram Ghagas,
Age 54 years,
Presently working at ZP School
Bhujadpada, Tal. Wada, Dist. Palghar.
102. Ravindra Kondaji Chabake,
Age 53 years,
Presently working at ZP School
Radepada, Tal. Vikramgada Dist. Palghar
103. Bharat Dajibhai Patil,
Age 55 years,
Presently working at ZP School Masoli
Marathi, Tal Dahanu, Dist Palghar.
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104. Ravindra Somaji Wadu,
Age 54 years,
Presently working at ZP School Wadavali
Fharalpada, Tal Talsarasi, Dist. Palghar.
105. Umesh Ramchandra Patil,
Age 52 years.
Presently working at ZP School Wadapada,
Tal. Jawhar, Dist Palghar.
106. Dinesh Mandu Dhodia,
Age 56 years, Presently working at
ZP School Ganjad,
Tal. Dahanu Dist Palghar
107. Manish Krishnarao Raut,
Age 53 years,
Presently working at ZP School Bordi,
Tal Dahanu Dist Palghar. …Petitioners
Vs.
1. The State of Maharashtra,
Through Principal Secretary,
Department of School And Education
Mantralaya, Mumbai - 32.
2. The State of Maharashtra,
The Principal Secretary,
Rural Development And Water
Conservation Department,
Mantralaya, Mumbai - 01.
3. The Deputy Director of Education,
(Primary) Mumbai Division, Mumbai
4. The Zilla Parishad, Palghar
Through Chief Executive Officer,
Dist: Palghar.
5. The Education Officer (Primary),
…Respondents
Zilla Parishad Palghar, Palghar.
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Mr. Suresh Pakale, Senior Advocate a/w Mr. Nitesh Desai i/by Ms.
Padmaja Malgaonkar for Petitioners.
Mr. B.V. Samant, Additional GP a/w Mr. A.K. Naik, AGP for
Respondents-State.
Mr. Ajit M. Savagave, Advocate for Respondent Nos. 4 and 5.
CORAM : RAVINDRA V. GHUGE &
HITEN S. VENEGAVKAR JJ.
th
DATE : 15 APRIL, 2026.
ORAL JUDGMENT (PER : RAVINDRA V. GHUGE )
1. Rule. Rule made returnable forthwith and heard finally
by the consent of the parties.
2. The Petitioners, have put forth their prayers as under :
“a) this Hon'ble Court be pleased to exercise
the jurisdiction vested in it under Article 226 of
the Constitution of India and issue a Writ of
Certiorari or a Writ in the nature of Certiorari or
any other appropriate Writ, and call for papers
and proceeding from the custody of the
Respondent Nos. 4 and 5 in respect of the
Communication dated 24th February 2026 and
5th March 2026 (Exhibit F colly) and after
examining its legality, validity and judicial
propriety, quash and set aside the same.
(b) That this Hon'ble Court be pleased to
exercise powers vested in it under Article 226 of
the constitution of India and issue a writ of
mandamus and/or writ in the nature of
Mandamus, order or direction, directing
Respondent Nos. 4 and 5 not to take further steps
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to give promotions only to those teachers who
have passed TET Examination and in view of the
communication addressed to various authorities
dated 24th February 2026 and 05th March 2026
(Exhibit F colly) and further not to promote them
to the post of Headmaster.
(c) That this Hon'ble Court be pleased to
exercise powers vested in it under Article 226 of
the constitution of India and issue a writ of
mandamus and/or writ in the nature of
Mandamus, order or direction, directing
Respondent Nos. 4 and 5 to consider the
Petitioners candidatures for a promotion to the
post of Headmaster on the basis of List dated
10th September 2024 (Exhibit B) and further
promote them to the said post in accordance with
their seniority and qualification without reference
to TET Examination.
(d) That this Hon'ble Court be pleased to
exercise powers vested in it under Article 226 of
the constitution of India and issue a writ of
mandamus and/or writ in the nature of
Mandamus, order or direction, directing
Respondent Nos. 4 and 5 to consider the
Petitioners candidatures for a promotion to the
post of Headmaster, Cluster Head and Extension
Education Officer on the basis of their seniority
in the Respondent service.
(e) Pending the hearing and final disposal
of the Petition, this Hon'ble Court be pleased to
stay the operation, implementation and execution
of the impugned Communication dated 24th
February 2026 and 05th March 2026 (Exhibit F
colly) and thereafter quash and set aside the
same.
(f) Pending hearing and final disposal of
this Writ Petition, this Hon'ble Court may be
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pleased to direct the Respondent Nos. 4 and 5 to
consider the Petitioners candidatures for a
promotion to the post of Headmaster on the basis
of List dated 14th September 2024 (Exhibit B)
and further promote them to the said post in
accordance with their seniority and qualification
without reference to TET Examination.
(g) Pending hearing and final disposal of
this Writ Petition, this Hon'ble Court may be
pleased to direct Respondent Nos. 4 and 5 not to
take further steps to give promotions only to those
teachers who have passed TET Examination in
view of the communication addressed to various
authorities dated 24th February 2026 and 05th
March 2026 (Exhibit F colly) and further not to
promote them to the post of Headmaster
(h) Pending hearing and final disposal of
this Writ Petition, this Hon'ble Court may be
pleased to direct Respondent Nos. 4 and 5 to
consider the Petitioners candidatures for a
promotion to the post of Headmaster, Cluster
Head and Extension Education Officer on the
basis of their seniority in the Respondent service.
3. The learned Senior Advocate, Mr. Pakale prays that his
entire written notes of arguments should be considered by the Court.
4. We are summarising his oral and written submissions,
as under:
(a) The principal issue that was raised in Anjuman
Ishaat E Taleem Trust v/s The State of Maharashtra & Ors.
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)
(Civil Appeal No. 1385/2025 was whether TET forms a part
of the minimum qualifications and whether teachers
rd
appointed prior to the Notification dated 23 August, 2010
were required to possess these TET qualifications for
continuation of service or promotion.
(b) In order to trace the source and authority of laying
down the minimum qualifications including TET, the Hon'ble
Court examined and referred the provisions of Article 21A of
the Constitution, the provisions of the Right to Education
Act, 2009 ( RTE Act ), the National Council of Teacher
NCTE Act
Education Act, 1993 ( ) and the Notifications
issued thereunder from time to time. The relevant discussion
of the Hon'ble Apex Court is found in Chapter V of the said
Judgment ( Ref: Para 57 to 69 )
(c) The Hon'ble Court finally made the following
observations, i.e. Only those appointed prior to 3rd
September 2001, in accordance with applicable rules, were
exempted from possessing the minimum qualification i.e.
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TET. This observation is made after perusing the relevant
rd
provision and also the Notification dated 23 August 2010.
(d) The Hon'ble Court interpreted Section 23 of RTE
Act, Article 21A, NCTE Act and particularly Notification
rd
dated 23 August, 2010 and then, recorded an observation
rd
that as per Notification dated 23 August, 2010 the teachers
rd
appointed prior to 3 September, 2001 are exempted from
having minimum qualification of TET. The Hon'ble Court
has not added anything which is not traceable either in RTE
Act or under NCTE Act and particularly Notification dated
rd
23 August, 2010. It is also material to note that there is
nothing on record to infer that the minimum qualification of
rd
having TET was introduced prior to 3 September, 2001
either under NCTE Act or any other Act.
(e) The observations found in Chapter M i.e.
requirement of minimum qualification and in Chapter VIII
i.e. applicability of TET to in service teachers, are made in
respect of the teachers who come within the ambit of
minimum qualification prescribed under the Notification
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rd
dated 23 August, 2010 and not to all the in-service teachers
rd
including the teachers appointed prior to 3 September, 2001.
(f) The Hon'ble Court, therefore in Para 218 of the
Judgment observed that 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; meaning thereby
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the teachers who are appointed after 3 September, 2001 are
required to have minimum qualification including TET for
promotion and for continued in service and not to those
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appointed prior to 3 September, 2001.
rd
(g) Teachers appointed prior to 3 September, 2001
stand completely exempted from the requirement of passing
TET for all service purposes including promotion.
(h) Section 23 of the RTE Act empowers prescription
of minimum qualification. The NCTE Notification dated
23.08.2010 introduces TET as a qualification. However,
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neither the Act nor the notification expressly provides
retrospective operation.
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(i) Teachers appointed prior to 3 September, 2001
were validly recruited under the then existing rules. Such
appointment confers a vested right to continue in service
together with a right to be considered for promotion under
the existing rules.
(j) It is settled principle of law that promotion is a
continuation of service conditions. Promotion is not a fresh
appointment in strict sense; but a progression within the same
service.
(k) The Judgment primarily deals with validity and
applicability of TET framework. The observations regarding
promotion are context specific, made in exercise of Article
142. The Judgment does not specifically adjudicate rights of
Pre-2001 appointees as a protected class.
(l) Directions under Article 142 cannot override
statutory rights; reliefs granted by Supreme Court are
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equitable and case specific. It is settled law that Article 142
directions cannot be treated as binding precedent on statutory
interpretation.
(m) Acquired right to be governed by then existing
qualifications, cannot be subjected to new qualification. ( PD
Agarwal V/s. State of U.P. , ) reported in (1987) 3 SCC 622
.
and 1987 AIR (SC) 1676
(n) State cannot take away accrued rights by
subsequent amendments; such action violates Article 14.
( State of Gujrat V/s. Ramanlal Keshav Lala Soni S.L .),
, .
reported in S.L., ( 1984) AIR 161 and (1983) 2 SCC 33
(o) Vested rights cannot be taken away by
subordinate legislation. Retrospective deprivation is
impermissible. ( Chairman, Railway Board V/s. CR
),
Rangadhamaiah reported in 1997 AIR SCW 3747 and
( 1997) 6 SCC 623 .
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(p) Where exemption exists, it must be meaningful
and effective and not illusory. ( J C Yadav V/s. State of
) (
Haryana, 1990 AIR 857 and 1990) 2 SCC 189 .
(q) Existing teachers cannot be unduly prejudiced by
(
later qualification norms. Shivaji Shikshan Prasarak
Mandal V/s. State of Maharashtra , reported in AIR 2010
).
BOMBAY 39 and (2009) 6 Bom CR 1 (FB
5. The Petitioners point out their dates of joining
employment, in a large ready reference Chart from Page Nos. 34 to
67, of the Petition paper-book. The said details are obtained from the
Zilla Parishad, which has prepared these charts. All these Petitioners
desire to become Headmasters/Headmistress ( in short ‘HM’), by
promotion. All do not have either MTET or CTET.
6. Shri Pakale submits that the Court has crystallised the
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law that those who were appointed before 3 September 2001, need
not acquire the TET qualification, either for promotion or for
continuation in service. He insists that the contents of paragraph 168
of the judgment is a conclusion of the Court, and not a mere
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discussion. It is a final verdict on the issue that those appointed
before 03.09.2001, are not required to pass the TET any time for any
purpose. After 2 decades of service, the in-service candidates should
not be mandated now to acquire the TET qualification for any
purpose.
7. The answer to all contentions of the Shri Pakale lies in
Anjuman Ishaat E Taleem Trust Vs. The State of Maharashtra &
Ors . (Civil Appeal No. 1385 of 2025), delivered by the Hon’ble
st
Supreme Court on 1 September, 2025. We are of the view that the
above contention of Shri Pakale is on account of a complete
misreading of paragraph 168, which has to be read in tandem with
paragraph 169 and 170. For clarity, we are reproducing paragraph
168 here under :
“168. NCTE's notification also reinforces this
requirement by stating that teachers working
in unaided private schools, or those already
in position as of 31st March, 2015, must
qualify the TET within the stipulated period.
The language of both the RTE Act and the
notification leaves no room for ambiguity that
even those teachers appointed prior to the
RTE Act, if not qualified, must meet the TET
requirement within the grace period granted.
Only those appointed prior to 3rd September,
2001 in accordance with applicable
recruitment rules, or those covered by
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specific exceptions (e.g., Special BTC or
D.Ed. courses), were exempted.”
8. We have no doubt whatsoever, that the above paragraph
is an expression of the Hon’ble Supreme Court on the language used
in the NCET notification and Section 23 of the RTE Act. The issue
of whether there is any ambiguity in the language used in the
notification and the RTE Act, has been dealt with by the Court and it
is just an observation on what is said in the notification and S. 23.
The further paragraph nos.169 and 170, clearly indicate the view and
conclusions of the Hon’ble Supreme Court.
9. In paragraph Nos. 169 and 170, the Hon’ble Supreme
Court has considered the language of S. 23 of the R.T.E. as well as
the Notification issued by the N.C.T.E., and has concluded 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
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constitutional necessity flowing from the
right to quality education under Article 21A.
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]
10. In the final concluding paragraph nos. 215, 216, 217 and
218, the Hon’ble Supreme Court has considered the position of the
in-service candidates, appointed prior to the advent of the TET
regime and those seeking promotion or fresh employment, and has
held 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 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
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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.”
[Emphasis is supplied]
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11. Therefore, the Hon’ble Supreme Court has finally
ordered as under :
(a) Those in-service candidates who are recruited
prior to the advent of the T.E.T. regime, with less than 5
years of service remaining, need not acquire the T.E.T.
qualification, provided they would not be entitled for any
promotion.
(b) Those in service candidates who have more than
5 years of service for retirement, shall acquire T.E.T.
qualification within 2 years from the date of the Order of the
Judgment, meaning thereby that such qualification shall be
st
acquired on or before 1 September 2027, or shall have to
face termination from service.
(c) Those candidates who seek promotion by
appointment, shall acquire T.E.T. before their candidature can
be considered for promotion.
(d) The above directions ever cover those in-service
candidates who do not have T.E.T. and desire promotion,
either through the promotional channel or through
department examination for promotion, shall have to acquire
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the T.E.T. qualification and only thereafter, their candidature
could be considered.
12. In view of the above, we do not find that these
Petitioners can canvass any ground against the dictum of the Hon’ble
Supreme Court laid down in Anjuman Ishaat E Taleem Trust (supra).
The vehement reliance of the learned Senior Advocate on paragraph
168 (reproduced herein above), is wholly misplaced in contending
rd
that those who have been appointed prior to 3 September 2001, are
exempted from acquiring TET and they can continue in employment
for their entire remainder service and can also claim promotion,
without the TET qualification.
13. In paragraph 168, the Hon’ble Supreme Court has dealt
with the language of the RTE provisions and the NCTE Notification.
The Hon’ble Supreme Court has concluded that there is no ambiguity
in the said provisions. That is, however, not the conclusion of the
rd
Court that those who are appointed prior to 3 September 2001, are
permitted to be promoted without the T.E.T. qualifications even
today. The only exception carved out in Anjuman Ishaat E Taleem
Trust (supra) is that since the matter pertaining to the minority
institutions has been referred to a larger Bench, the conclusions in
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Anjuman Ishaat E Taleem Trust (supra), are not applicable to
minority institutions, until the afore stated issue is decided. Per
contra, candidates working in non-minority institutions, both prior to
the advent of the T.E.T. regime or seeking fresh appointment on
promotion, are mandated to have the T.E.T. qualification, if they
desire promotion.
14. The M.T.E.T. is equivalent of C.T.E.T. This Court has
taken a view in Writ Petition No. 2993 of 2026 and group of matters
( Ajay Chokha Kate and Others vs. State Of Maharashtra and
Others ), that the Petitioners are at liberty to acquire the T.E.T.
qualifications and if they do so, they are at liberty to seek promotion
provided they fulfill all eligibility criterion. This would mean, either
MTET or CTET. And there is no dispute on this aspect, by the
Respondent State or the State authorities.
15. In view of above, this Petition is dismissed . Rule is
discharged.
16. The learned Senior Advocate prays that the Respondent
should not make promotions to the posts of HM, for a period of four
th
weeks. Considering our judgment dated 10 April, 2026 in Ajay
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Chokha Kate and Others vs. State Of Maharashtra and Others
(supra), such prayer cannot be accepted. The HMs are being
recruited as a part of a continuous process, to ensure that Schools do
not operate without an HM and do not remain headless. Such
process, on the basis of the judgment of the Hon’ble Supreme Court,
is on a proper path and no interference is required. No post of HM of
a school can be kept vacant at the behest of candidates who are not
TET qualified. Hence, the request is rejected.
[HITEN S. VENEGAVKAR, J] [RAVINDRA V. GHUGE, J.]
BHALCHANDRA
GOPAL
DUSANE
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2026.04.20
21:25:01 +0530
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