Bombay High Court Allows Petition of Shikshan Sevak and Minority Management Against Refusal of Approval — TET Not Required for Secondary School Teachers in Minority Institutions. Education Officer's Rejection Set Aside Due to Non-Applicability of TET Requirement and Retrospective Application of Government Resolution.

Writ petition challenging the order of the Education Officer refusing to grant approval to the appointment of a Shikshan Sevak in an aided minority secondary school.

Petitioners seek quashing of the impugned order dated 25/11/2022 and direction to Respondent No.3 to grant approval to the appointment of Petitioner No.1 as Shikshan Sevak with effect from 01/07/2022 for three years, and to release grant-in-aid for honorarium.

Respondent No.3 rejected the proposal for approval of appointment on grounds including non-submission of TET certificate, non-compliance with advertisement requirements, and ban on recruitment.

Whether the TET requirement applies to appointments in minority educational institutions for secondary school teachers. Whether the Government Resolution dated 10/06/2022 applies retrospectively to advertisements published before its issuance. Whether the management was given an opportunity to cure deficiencies before rejection of the proposal. Whether the ban on recruitment imposed by G.R. dated 04/05/2020 applies to the appointment in question.

Petitioners argued that TET is not applicable to minority institutions for secondary school appointments as per Pramati Educational & Cultural Trust v. Union of India and Shital Kumar Patil v. State of Maharashtra. Petitioners argued that G.R. dated 10/06/2022 cannot apply retrospectively to advertisement published on 05/06/2022. Petitioners argued that no opportunity was given to cure deficiencies, violating natural justice. Respondents argued that prior permission for advertisement was not obtained and publication was not in a widely circulated newspaper as required.

Minority educational institutions are exempt from the requirement of Teacher Eligibility Test (TET) for appointments in secondary schools, as held by the Supreme Court in Pramati Educational & Cultural Trust v. Union of India. Government Resolutions cannot be applied retrospectively to invalidate actions taken prior to their issuance. Principles of natural justice require that the management be given an opportunity to rectify deficiencies before rejection of an approval proposal.

He further submits that the TET passing certificate would not be applicable to the case in hand as the appointment which is sought to be made by the Petitioner No. 2 is in a secondary school and not a primary school, as such, the candidate is not required to possess the TET eligibility. He further submits that the present appointment is to be made in a school run by the minority educational institution and in view of the Judgment passed by the Hon’ble Supreme Court in the case of Pramati Educational & Cultural Trust v/s. Union of India reported in 2014 Vol. 8 SCC 1, as also several judgments of this Court, TET eligibility for appointment in the minority school is not required. With reference to the grounds of rejection at Serial No. 2, 4 and 5 in the impugned order, Mr. Bandiwadekar submits that the Respondent No. 3 had not given any opportunity to the Petitioner No. 2 to make good the said deficiencies and as such the reasons for rejection would be untenable, being in violation of principle of natural justice.

The Head Master applied for NOC on 13/01/2022; no response received. Advertisement published on 05/06/2022; interview held on 27/06/2022; appointment made on 28/06/2022. Proposal for approval submitted on 31/10/2022. Respondent No.3 rejected proposal on 25/11/2022. Petitioners filed Writ Petition No. 16128 of 2024 before Bombay High Court. Notice issued on 10/08/2023. Judgment pronounced on 29/11/2024.

• Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5(1)
• National Commission for Minority Educational Institution Act, 2004: Section 2(g)
• Maharashtra Public Trust Act, 1950:
• Societies Registration Act, 1860: