WP-2282-2025 & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 2282 OF 2025

1.Dnyaneshwar S/o Vishnu Devkate,

Age 32 years, Occ. Nil,

R/o Samba, Sumbha,

Dharashiv, Dist. Dharashiv. … Petitioner

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 400 032.

2.Director of Education (Primary)

Directorate of Primary Education,

Dr. Annie Besant Road,

Central Building, Pune – 411 011.

3.Maharashtra State Council of Examinations,

Through its Deputy Commissioner &

Member Secretary,

17, Dr. Ambedkar Marg,

Near Lal temple, Pune-01.

4.The Commissioner of Education,

Maharashtra State Pune.

… Respondents

…

•Mr. S.S. Thombre, Advocate h/f. Mr. A. V. Thombre,

Advocate for the Petitioner

•Ms. P. J. Bharad, AGP for Respondent Nos. 1, 2 and 4

•Mr. Anup R. Nikam, Advocate for Respondent No. 3

…

AND

WRIT PETITION NO. 2284 OF 2025

1.Bajarang S/o Suresh Gholap,

Age 27 years, Occu. Nil,

R/o Pimpalwadi, Post Sakat,

Tq. Jamkhed, Dist. Ahmednagar. … Petitioner

VERSUS

1/20 2025:BHC-AUG:12488-DB

WP-2282-2025 & Ors.

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 400 032.

2.Director of Education (Primary)

Directorate of Primary Education,

Dr. Annie Besant Road,

Central Building, Pune – 411 011.

3.Maharashtra State Council of Examinations,

Through its Deputy Commissioner &

Member Secretary,

17, Dr. Ambedkar Marg,

Near Lal temple, Pune-01.

4.The Commissioner of Education,

Maharashtra State Pune.

… Respondents

…

•Mr. S.S. Thombre, Advocate h/f. Mr. A. V. Thombre,

Advocate for the Petitioner

•Ms. P. J. Bharad, AGP for Respondent Nos. 1, 2 and 4

•Mr. Anup R. Nikam, Advocate for Respondent No. 3

…

AND

WRIT PETITION NO. 3705 OF 2025

1.Avida Gorak Munde

Age : 32 years, Occu : Household,

R/o : Bhavanwadi, Post Shivni,

Taluka and District Beed … Petitioner

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 400 032.

2.The Commissioner of Education,

Maharashtra State, Pune.

3.The Education Officer (Primary),

Zilla Parishad, Beed

… Respondents

…

2/20

WP-2282-2025 & Ors.

•Mr. S. S. Jadhavar, Advocate for the Petitioner.

•Ms. D. S. Jape, AGP for Respondent Nos. 1 and 2.

•Mr. S. R. Shirsath, Advocate for Respondent No. 3

…

AND

WRIT PETITION NO. 10821 OF 2024

1.Deepak S/o Gautam Nade,

Age : 34 Yrs., Occu. Nil.

R/o At Post Ansurda,

Tq. and Dist. Dharashiv.

2.Sow. Bhagyashri Bhagwat Suryawanshi,

Age : 29 Yrs., Occu. Nil

R/o At Post Chikhali, Tq. and Dist. Dharashiv

3.Deepali Sopanrao Patil,

Age : 30 Yrs., Occu. Nil.

R/o At post Lohara,

Tq. Udgir, Dist. Latur.

4.Vishal S/o Subhash Aadhegaonkar,

Age : 35 Yrs., Occu. Nil.

R/o At present Plot No. 30,

Bajarang Nagar, Cambridge Chowk,

Chhatrapati Sambhajinagar.

5.Sanshya Rakesh Salunke,

Age : 30 Yrs., Occu. Nil.

R/o at present Vinay Colony,

Plot No.82 Near Mahalaxmi Chowk, Jalna.

6.Sheetal Sachin Ghorpade,

Age : 34 Yrs., Occu. Nil.

R/o At present Hingni Khurd,

Post Hingni (Bk), Tq. 7 Dist. Beed.

7.Akshay S/o Indradev Kumbhalkar,

Age : 29 Yrs., Occu : Nil.

R/o At present APURVA Opp to Bhagyanagar

Nathpurav, Itkheda,

Chhatrapati Sambhajinagar.

8.Neelam Sachin Kayastha,

Age : 38 Yrs., Occu. Nil.

R/o At present R/o Khivansara Woods,

Ulkanagari, Chhatrapati Sambhajinagar.

3/20

WP-2282-2025 & Ors.

9.Aboli Yogesh Shinde,

Age : 32 Yrs., Occu. Nil.

R/o at present Plot No. 1 Mahajan Colony,

Jalna Road, Chhatrapati Sambhajinagar.

10.Punam Vaibhav Shilimakar,

Age : 29 Yrs., Occu. Nil.

R/o at present Sayali Housing Society,

Bajajnagar MIDC Waluj,

Chhatrapati Sambhajingar.

11.Navnath Subhash Thorat,

Age : 34 Yrs., Occu. Nil.

R/o At post Ekrukhe,

Tq. Rahata, Dist. Ahmednagar. … Petitioners

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 400 032.

2.Director of Education (Primary)

Directorate of Primary Education,

Dr. Annie Besant Road,

Central Building, Pune – 411 001.

3.Maharashtra State Council of Examinations,

Through its Deputy Commissioner &

Member Secretary,

17, Dr. Ambedkar Marg,

Near Lal temple, Pune-01.

4.The Commissioner of Education,

Maharashtra State Pune. … Respondents

…

WITH

CIVIL APPLICATION (STAMP) NO. 12944 OF 2025

1.Arjun s/o Mangilal Rathod

Age : 31 years, Occu: Nil,

R/o Takali, Tq. Khultabad,

Dist. Chhatrapati Sambhajinagar

4/20

WP-2282-2025 & Ors.

2.Ketan s/o Chandrakant Dhote

Age : 36 years, Occu : Nil,

R/o Khadki Bazar, Nanded. … Applicants

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Department,

Mantralaya, Mumbai)

2.Director of Education (Primary),

Directorate of Primary Education, Pune.

3.Maharashtra State Council of Examinations, Pune

4.Commissioner of Education,

Maharashtra State, Pune.

5.Deepak S/o Gautam Nade,

Age : 34 Yrs., Occu. Nil.

R/o At Post Ansurda, Tq. and Dist. Dharashiv.

6.Sow. Bhagyashri Bhagwat Suryawanshi,

Age : 29 Yrs., Occu. Nil

R/o At Post Chikhali, Tq. and Dist. Dharashiv

7.Deepali Sopanrao Pati,

Age : 30 Yrs., Occu. Nil.

R/o At post Lohara, Tq. Udgir, Dist. Latur.

8.Vishal S/o Subhash Aadhegaonkar,

Age : 25 Yrs., Occu. Nil.

R/o Patkulu, Tq. Mohol, Dist. Solapur.

9.Sanshya Rakesh Salunke,

Age : 30 Yrs., Occu. Nil.

R/o Flat No. 1006, L-19,

Khargar, Navi Mumbai

10.Sheetal Sachin Ghorpade,

Age : 34 Yrs., Occu. Nil.

R/o Matyapur, Tq. & Dist. Satara

11.Akshay S/o Indradev Kumbhalkar,

Age : 29 Yrs., Occu : Nil.

R/o Pardi, Tq. Ghatanji, Dist. Yavatmal.

12.Neelam Sachin Kayastha,

Age : 38 Yrs., Occu. Nil.

R/o Ganesh nagar, Niphad, Dist. Nashik.

5/20

WP-2282-2025 & Ors.

13.Aboli Yogesh Shinde,

Age : 32 Yrs., Occu. Nil.

R/o Manchar, Tq. Ambegaon, Dist. Pune.

14.Punam Vaibhav Shilimakar,

Age : 29 Yrs., Occu. Nil.

R/o 205, kishal vihar, Katraj, Pune.

(R-5 to 15

Ori. Petitioners)

15.Navnath Subhash Thorat,

Age : 34 Yrs., Occu. Nil.

R/o Ekrukhe, Tq. Rahata, Dist. Ahmednagar.… Respondents

…

•Mr. S. S. Thombre, Advocate for the Petitioners.

•Ms. S. S. Joshi, AGP for Respondent Nos. 1, 2 and 4.

•Mr. Anup R. Nikam, Advocate for Respondent No. 3.

•Mr. V. A. Dhakne, Advocate for Applicant in C.A. Stamp

No. 12944 of 2025

…

AND

WRIT PETITION NO. 11120 OF 2024

1.Ram S/o Siddheshwar Shinde,

Age 22 years, Occ. Nil,

R/o Neknoor, Tq. & Dist. Beed. … Petitioner

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 400 032.

2.Director of Education (Primary)

Directorate of Primary Education,

Dr. Annie Besant Road,

Central Building, Pune – 411 011.

3.Maharashtra State Council of Examinations,

Through its Deputy Commissioner &

Member Secretary,

17, Dr. Ambedkar Marg,

Near Lal temple, Pune-01.

4.The Commissioner of Education,

Maharashtra State Pune.

… Respondents

6/20

WP-2282-2025 & Ors.

…

•Mr. S. S. Thombre, Advocate for the Petitioner.

•Mr. V. M. Kagne, AGP for Respondent Nos. 1, 2 and 4.

•Mr. Anup R. Nikam, Advocate for Respondent No. 3

…

AND

WRIT PETITION NO. 3580 OF 2025

1.Kishor S/o Bhaskar Kharat,

Age – 36 yrs, Occu – Student,

R/o. At Post – Vita, Tq. Kannad,

Dist. Aurangabad.

2.Swati d/o Sukhadev Bansode,

Age – 37 yrs, Occu – Student,

R/o. 10/258C, Buddha Nagar,

Nagnath Road, Osmanabad.

3.Minal d/o Balkrushna Donode,

Age – 33 yrs, Occu – Student,

R/o. At Post – Pimpalgaon Sadak,

Tq. Lakhni, Dist. Bhandara.

4.Nilima w/o Sagar yadav,

Age – 36 yrs, Occu – Student,

R/o. At Post – Khavathe,

Tq. Karad, Dist. Satara.

5.Pankaj s/o Ganeshrao Meghare,

Age – 32 yrs, Occu – Student,

R/o. Gawandi, Tq. Babhulgaon,

Dist. Yavatmal.

6.Naim s/o Shabbir Sheikh,

Age – 37 yrs, Occu – Student,

R/o. Shastri Ward, Near Yashoda Sabhagruha,

Gondia, Dist. Gondia.

7.Minakshi d/o Prakash Patil,

Age – 41 yrs, Occu – Student,

R/o. 301, B-Wing, Sarvoday Patwardhan Bag,

Kalyan West, Dist. Thane.

8.Sarika d/o Shyamrao Sadmake,

Age – 37 yrs, Occu – Student,

R/o. Ankhoda, Tq. Chamorshi, Dist. Gadchiroli.

7/20

WP-2282-2025 & Ors.

9.Pravin s/o Kurmadas Sarvade,

Age – 28 yrs, Occu – Student,

R/o. Near Shaktimata Temple,

Mali Galli, Patkul, Tq. Mohol, Dist. Solapur.

10.Rajani d/o Ramdas Nimgade,

Age – 29 yrs, occu – Student,

R/o. Gokul Nagar, Ward No. 16,

Near Ganesh Mandir, Gadchiroli.

11.Gopal s/o Vitthalrao Dhage,

Age – 29 yrs, Occu – Student,

R/o. Sayal, Post – Karegaon,

Tq. Loha, Dist. Nanded.

12.Mayuri Dinkar Pawar,

Age – 34 yrs, Occu – Student,

R/o. At Post – Naichakur, Tq. Omarga,

Dist. Osmanabad.

13.Darshana d/o Ganpat Khedkar,

Age – 32 yrs, Occu – Student,

R/o. At Post-Pauni, Tq. Pauni,

Dist. Bhandara.

14.Akshata Arun Gaikwad

Age – 27 yrs, Occu – Student,

R/o. At Post -Chikhali, Tq. Shirala,

Dist. Sangli. … Petitioners

VERSUS

1.The State of Maharashtra

Through its Secretary,

School Education & Department,

Mantralaya, Mumbai – 32.

2.The Commissioner (Education),

Maharashtra State, Pune,

Central Building, Pune-1.

3.The Deputy Commissioner & Member Secretary,

Teachers Aptitude and Intelligence Test – 2022

Committee,

Maharashtra State Examination Council, Pune.… Respondents

…

8/20

WP-2282-2025 & Ors.

•Mr. Mahesh S. Bhosale, Advocate for the Petitioners.

•Ms. P. J. Bharad, AGP for Respondent Nos. 1 and 2.

•Mr. Anup R. Nikam, Advocate for Respondent No. 3.

…

AND

WRIT PETITION NO. 3896 OF 2025

1.Babasaheb s/o Rama Dolas,

Age : 32 Years, Occu.: Education,

R/o Wangi,

Tq. and Dist. Beed – 431122. … Petitioner

VERSUS

1.The State of Maharashtra

Through its Principal Secretary,

School Education & Sports Deptt.

Mantralaya, Mumbai – 32.

2.Director of Education (Primary)

Directorate of Primary Education,

Dr. Annie Besant Road,

Central Building, Pune – 411 011.

3.Maharashtra State Council of Examinations,

Through its Deputy Commissioner &

Member Secretary,

17, Dr. Ambedkar Marg,

Near Lal temple, Pune-01.

4.The Commissioner of Education,

Maharashtra State Pune.

… Respondents

…

•Mr. M. U. Shelke, Advocate for the Petitioner

•Mr. V. M. Kagne, AGP for Respondent Nos. 1, 2 and 4

•Mr. Anup R. Nikam, Advocate for Respondent No. 3

…

CORAM: MANGESH S. PATIL &

Y. G. KHOBRAGADE, JJ.

RESERVED ON: 25.03.2025

PRONOUNCED ON : 29.04.2025

9/20

WP-2282-2025 & Ors.

JUDGMENT (MANGESH S. PATIL, J.) :

. Heard. Rule in all these petitions. It is made

returnable forthwith.

2. The learned AGPs and the learned advocate

Mr. Nikam for respondent – Maharashtra State Council of

Examinations (Examination Council) waive service. At the joint

request of the parties, all these matters are heard together and

are being disposed of by this common judgment to avoid

rigmarole, since, with little variations of facts, all these petitions

raise a common grievance.

3. We have also heard learned advocate, Mr. Dhakne,

for intervenor in Writ Petition No. 10821 of 2024.

4. All these petitioners, having participated at Teachers

Aptitude and Intelligence Test – 2022 (TAIT-2022) conducted by

the Examination Council under the Right of Children to Free and

Compulsory Education Act, 2009 (RTE Act), and had registered

themselves on the portal provided therefor, namely ‘Pavitra

Portal’, by uploading their self-certification in the first round,

are seeking writ of mandamus directing the Council to allow

them to participate in the second round of the ensuing

recruitment process of teachers in the State of Maharashtra and

10/20

WP-2282-2025 & Ors.

to permit them to edit their self-certification. This is the common

thread across all these petitions, with individual variations on

facts.

5. Though the date is already over, even before we

heard these matters and reserved those for passing orders, in

our considered view, it would be a matter of right in the

petitioners which should be the determinative factor. This being

not a cut off date for holding some examination and the local

bodies and the private managements would be periodically

uploading their need to undertake recruitment process, we

thought it fit to decide these matters on their own merits, rather

than disposing them of having become infructuous.

6. The learned advocates for all these petitioners

would take us through the papers to demonstrate that having

been qualified and became eligible by completing either the TET,

C-TET or being graduate with the B.Ed. Degree, which are the

three eligibility criteria as provided under sub-section 2 of

Section 23 of the RTE Act, 2009 and as laid down in the matter

of Dheerajkumar Vilas Lomate V/s. The State of Maharashtra

and Others; Writ Petition No. 12971 of 2024, by a division

bench of this Court, had appeared at TAIT-2022, as per the

regulations, pursuant to the advertisement published by the

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WP-2282-2025 & Ors.

Examination Council on 31.01.2023. During the first round of

the recruitment process, in spite of registration by way of

self-certification, the petitioners were unable to secure

employment.

7. The learned advocates would submit that the

respondents are seeking to undertake a second round of the

recruitment process through TAIT-2022. They have issued

advertisements/notifications on 20.01.2025 and have notified

the local bodies and the private managements running the

schools to participate, and have released a press note on

06.02.2025, and again on 10.03.2025 expecting the exercise of

self-certification to be completed by 20.03.2025.

8. The learned advocates for the petitioners would

broadly base their submissions on the ground that the

Examination Council allowed not only fresh registration of the

candidates for the second round, even when they had not

registered during the first round but even has permitted in some

cases to edit their self-certification. It is demonstrative of the fact

that there is no complete bar for the candidates who have

participated in the first round, like the petitioners, to edit their

self-certification while participating in the second round. They

would submit that no sanctity is attached to self-certification

12/20

WP-2282-2025 & Ors.

made in the first round. The petitioners, under the peculiar

circumstances, obtaining in their individual cases, have intended

to edit their self certification and should be allowed to do so.

9. The learned AGPs, by referring to the affidavits-in-

reply filed in some of these writ petitions, and Mr. Nikam for the

Examination Council, would strongly oppose the petitioners’

request. They submit that this Court, in different matters, has

expressly denied similar requests for editing self-certification,

particularly in cases where either the qualifications have been

acquired after the cut off date of which the candidates were

seeking to take advantage or have obtained some certificates

claiming reservations after the cut off date. They further submit

that these petitioners are not eligible for being appointed as

teachers for primary (1

st

to 5

th

)

and higher primary (6

th

to 8

th

)

standards, having not cleared the basic eligibility criteria of TET

or C-TET before appearing at the TAIT-22 which was held

between 22.02.2023 and 03.03.2023. They would submit that

admittedly 23.02.2023 was the cut off date, pursuant to the

advertisement dated 31.01.2023.

10. They would advert our attention to clause No. 4.9

of the advertisement dated 31.01.2023 expressly mentioned that

the candidates who were claiming vertical or horizontal

13/20

WP-2282-2025 & Ors.

reservation must possess the requisite certificate of the period

prior to the cut off date. They would also refer to clause No. 5.3

of the advertisement expressly mentioned that the candidates

should possess requisite educational qualifications before the cut

off date. Attention is also drawn to the fact that the candidates

were put to notice by adverting their attention to the

Government Resolution dated 10.11.2022 in the department of

School Education and Sports, expressly laying down that they

will have to appear for TAIT afresh every time, and their

performance/marks obtained at the previous TAIT will not be

considered.

11. Lastly, they would submit that in the matter of

group of writ petitions, Dheerajkumar Vilas Lomate V/s. The

State of Maharashtra and Others; Writ Petition No. 12971 of

2024, by the order dated 23.01.2025, a coordinate division

bench of this Court turned down a similar request for editing

self-certification and the challenge put up by them before the

Supreme Court in Petition(s) for Special Leave to Appeal (C)

No(s). 4326-4328 of 2025 has been rejected by the Supreme

Court on 21.02.2025. They would thus submit that this Court

will have to be consistent and should dismiss all these petitions.

14/20

WP-2282-2025 & Ors.

12. We have considered the rival submissions and

perused the papers. At the out set, it is necessary to observe that

in the matter of Dheerajkumar (Supra), similar prayers as are

being made by these petitioners, for editing their self-

certification for having obtained the ‘Project Affected Person’

certificate, ‘Economically Weaker Section’ certificate after the cut

off date and the request for editing the self-certification,

permitting them to change their category and claim the

reservation, was expressly turned down on the ground that

those were obtained after the cut off date and were not entitled

to change their category. The petitions were dismissed of the

order has been confirmed in the form of dismissal and the

Special Leave Petitions (SLPs). It would be apposite to reproduce

paragraph No. 7 to 11 of the order of the division bench, which

read as under:-

7. We have considered rival submissions of the parties.

The petitioners were registered on PAVITRA portal on

30.09.2023, from EWS category. They applied for PAP

certificates on 20.03.2024, 26.03.2024 and 16.07.2024

respectively. On the same date, the certificates were

secured.

8. The advertisement for the registration on PAVITRA

portal was published on 01.09.2023. After considering

the applications, the merit list was published on

26.02.2024. In the merit list, petitioner in the first

petition scored 103 marks, petitioner in the second

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WP-2282-2025 & Ors.

petition scored 95 marks and the petitioner in third

petition scored 101 marks in EWS category. As per the

merit list, cut off was declared which was much higher

than the marks secured by the petitioners.

9. Considering the sequence of events, it is apparent that

petitioners could not fare well in merits in EWS category

and thereafter they applied for PAP certificates and

secured then. Petitioners are taking chances. They tried

from EWS category. Sensing that they are not likely to be

successful, they are trying to change the category from

EWS to PAP.

10. We have carefully perused the letter dated 10.09.2024

in order to comprehend the submissions made by the

petitioner on the ground of discrimination. The letter is

very specific and it is for vertical reservation. The

permission was given for changing self certification or

category. There is no policy of the respondents allowing

the candidates to change their category for horizontal

reservation. The written instructions tendered by learned

AGP are in tune with the policy of the government which

is in vogue. Under these circumstances, we do not find

that petitioners have made out a case of arbitrariness or

high-handedness .

11. Learned counsel for the petitioners also submitted

that their lands were acquired long back and it is not a

case that on the eleventh hour they are managing to

secure certificates. The respondents are not disputing the

status of the petitioners. However, initially their

applications were from EWS category. After declaration of

cut off they are soliciting change in the category which is

impermissible as per the policy. Under these

circumstances, we are not inclined to accept the

submissions of the petitioners.

13. As can be gathered, the coordinate division bench of

this Court has already turned down requests similar to those

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WP-2282-2025 & Ors.

made by these petitioners, and these reasons assigned, would be

sufficient, even to discard these claims.

14. In Writ Petition No. 2282 of 2025, the petitioner

had registered himself in the first round with the self-

certification expressly mentioning that he was not claiming any

horizontal reservation available to orphans. He obtained the

requisite certificate on 08.08.2024, as per the Government

Resolution dated 06.04.2023, when he was supposed to possess

it before the cut off date, that is, 30.09.2023.

15. In Writ Petition No. 2284 of 2025, the petitioner

obtained ‘Project Affected Person’ certificate on 28.12.2023 after

the cut off date.

16. In Writ Petition No. 3705 of 2025, the petitioner

had obtained the ‘Project Affected Person’ certificate but did not

claim any reservation while registering in the first round.

17. As regards the petitioners from Writ Petition

No. 10821 of 2024, on acquiring the C-TET qualification they

are now seeking to participate in the recruitment process. They

had cleared the paper – 1 and/or paper – 2 after the cut off date,

meaning thereby that none of them was eligible to participate in

the recruitment process on the basis of qualification which they

possessed.

17/20

WP-2282-2025 & Ors.

18. In Writ Petition No. 3896 of 2025, while registering

in the first process by self-certification, the petitioner did not

claim any horizontal reservation under the ‘sportsman’ category,

even when he was already having requisite certificate dated

18.11.2015. Meaning thereby that though he was entitled to

claim reservation he opted for it. Same is the case in respect of

the petitioner from Writ Petition No. 3705 of 2025. Both these

petitioners were having requisite certificates but had chosen not

to claim such reservation. As has been held in the matter of

Dheerajkumar (Supra), they cannot be allowed to edit the self-

certification to claim the reservation.

19. It appears that all these petitioners could appear at

TAIT-2022 on the basis of their eligibility based on clearing the

TET or C-TET which are essential qualifications for recruitment

as a teacher for standard 1

st

to 8

th

, without claiming any

reservation or having requisite certificate before the cut off date

as is required by clause No. 4.9 and 5.3, and some of the

petitioners could appear at TAIT-2022 being graduate with B.Ed

degree and were eligible to be recruited to teach 9

th

and 10

th

standards. Having not been able to secure any employment in

the first round, they are now either claiming the reservation,

which is prohibited by effecting change in the self-certification

18/20

WP-2282-2025 & Ors.

or are now seeking to become eligible on the basis of their

TET/C-TET qualification for being recruited as primary teachers,

having acquired such qualification after the cut off date.

20. Being entitled to claim a reservation is one thing,

and having a requisite certificate claiming a specific reservation

is another thing. Similarly, being entitled to claim reservation,

and in spite of having requisite certificate choosing not to claim

it and seeking to edit self-certification in the second process to

enable such claim, cannot be approved.

21. Since, it is a matter of mass scale recruitment

process being undertaken through ‘Pavitra Portal’, any such lee

way cannot be extended to the participants. Pertinently, the

second round is being conducted since out of 2,39,730

candidates who had enrolled only 70% to 80% of the vacant

seats could be filled in. Admittedly, the second round is to be

undertaken to fill in only the vacant posts (21,678) which

remained after completion of the first process.

22. Even if, in some cases, fresh registration and even

editing of the self-certification has been permitted, as can be

seen, that has been allowed only to meet a specific contingency.

It is only in respect of such candidates from the unreserved

category and EWS categories, are permitted to edit the

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WP-2282-2025 & Ors.

self-certification and claim reservation as Socially and

Economically Backward Class (SEBC). The circular dated

10.03.2025 expressly lays down that a candidate cannot change

the category of horizontal reservation, since the cut off marks

were already published in the first round.

23. In light of above, there is no merit in any of these

petitions and these are liable to be dismissed.

24. The Writ Petitions are dismissed.

25. In view of dismissal of the Writ Petitions, Civil

Application Stamp No. 12944 of 2025 is disposed of.

26. Rule is discharged.

(Y. G. KHOBRAGADE)

JUDGE

(MANGESH S. PATIL)

JUDGE

jhs/

20/20