Case Note & Summary
The High Court of Judicature at Bombay, Bench at Aurangabad, heard together a batch of writ petitions challenging restrictions on editing self-certification in the Teachers Aptitude and Intelligence Test – 2022 (TAIT-2022) recruitment process conducted by the Maharashtra State Council of Examinations under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The petitioners had participated in TAIT-2022 and registered on the Pavitra Portal by uploading self-certification during the first round of recruitment. They were unable to secure employment in the first round. Subsequently, the Examination Council issued advertisements and notifications for a second round, requiring self-certification to be completed by specified dates. The petitioners sought a writ of mandamus to allow them to participate in the second round and to permit them to edit their self-certification. They claimed that they were eligible under Section 23(2) of the RTE Act, having either TET, C-TET, or graduate with B.Ed. qualifications, as interpreted in the earlier division bench decision of Dheerajkumar Vilas Lomate v. State of Maharashtra. The petitioners argued that the Examination Council had allowed fresh registration and editing of self-certification for some candidates, which demonstrated that there was no complete bar for candidates who had not registered earlier. The court noted that though the cut-off date had passed, the matter involved a right of the petitioners and should be decided on merits rather than being disposed of as infructuous. The court issued rule in all petitions and made it returnable forthwith, with service waived by the respondents. The common judgment was reserved on 25 March 2025 and pronounced on 29 April 2025. The available judgment text does not include the final operative decision or detailed reasoning on the merits. Therefore, the final outcome and ratio decidendi are not reflected in the provided excerpt.
Headnote
A) Education Law - Teachers Recruitment - Eligibility Criteria under Section 23(2) RTE Act - Right of Children to Free and Compulsory Education Act, 2009, Section 23(2) - Petitioners had appeared in TAIT-2022 after being eligible with TET, C-TET or graduate with B.Ed. as per earlier decision in Dheerajkumar Vilas Lomate; the court heard their claim for a right to edit self-certification and participate in second round (Paras 4-6). B) Writ Jurisdiction - Mandamus - Maintainability Despite Expiry of Date - Constitution of India, Article 226 - The court held that expiration of the date would not render the petitions infructuous as it concerned a matter of right; it decided to examine merits rather than dispose of as infructuous (Para 5). C) Education Law - Recruitment Process - Editing Self-Certification on Pavitra Portal - Right of Children to Free and Compulsory Education Act, 2009, Section 23(2) - Petitioners sought mandamus to edit self-certification and participate in second round; they argued that the Examination Council allowed fresh registration and editing for some candidates, showing no complete bar; the court considered these submissions (Paras 4, 8).
Issue of Consideration
Whether petitioners who had registered with self-certification in first round of TAIT-2022 have a right to edit their self-certification and participate in second round of teacher recruitment under the Right of Children to Free and Compulsory Education Act, 2009; whether petitions became infructuous due to passing of date; whether eligibility criteria under Section 23(2) RTE Act and earlier decision apply
Law Points
- Eligibility criteria under Section 23(2) of Right of Children to Free and Compulsory Education Act
- 2009 include TET
- C-TET or graduate with B.Ed.
- earlier division bench in Dheerajkumar Vilas Lomate v. State of Maharashtra laid down criteria
- right of candidates to participate in second round is a matter of right and not to be rendered infructuous by date expiry
- no complete bar if fresh registration and editing allowed for some candidates
- writ of mandamus sought
