1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.929 OF 2009 (Amrapali Dnyan Prakash Shikshan Sanstha and another vs. Dy. Director of Education and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 26, 2009 Heard Shri Jibhkate, learned Counsel for the petitioners, and Shri Jichkar, learned Assistant Government Pleader for the respondent nos. 1 and 2. The petition is directed against the communication dated 18.2.2009 whereby Education Officer (Secondary), Zilla Parishad, Bhandara cancelled additional Sections of Standard VIII and IX granted by the Education Officer to the petitioner School. Shri Jibhkate, learned Counsel for the petitioners, states that it is not in dispute that for the year 2007-08, the Education Officer granted permission to the School Management to run two additional Sections for VIII and IX Standard (one each) on permanent no grant basis. The said 2 permission was limited to the academic session 2007-08. It is contended that for the academic session 2008-09, the Education Officer continued the said permission for additional Sections vide order dated 29.1.2009, which is annexed with the petition as Annexure VIII. It is submitted that in such situation, admissions given to the students in these additional Sections by the petitioner School were not illegal and, therefore, the impugned communication is misconceived and not sustainable in law. Shri Jichkar, learned Assistant Government Pleader states that permission for running the additional Sections came to be cancelled by the impugned communication on the ground of illegal admissions given by the petitioner School in these additional Sections. Be that as it may, in our view, since matter needs to be re-considered by the Deputy Director of Education in the light of relevant facts and circumstances as well as the factual record and communication dated 29.1.2009 issued by the Education Officer. We do not want to express any opinion on the merits of the matter at this stage and propose to remand the matter to the Deputy Director of Education for consideration of the issue. 3 For the reasons stated hereinabove, we direct the Deputy Director of Education to consider whether the Education Officer in fact had granted permission to run additional Sections for VIII and IX Standard (one each) for the academic session 2008-09 on grant-in-aid/no grant basis after taking into consideration factual record as well as relevant facts and take a decision in this regard on its own merits in accordance with law within a period of four weeks from the date of communication of this order. It is made clear that the impugned communication/ order dated 18.2.2009 issued by the Education Officer shall not come in the way of re-consideration of the issue by the Deputy Director of Education. With these observations and directions, the petition is disposed of. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Assistant Government Pleader. JUDGE JUDGE khj