1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1994 OF 2001 Shri A.J.S. Jhala and others ...Petitioners v/s State of Maharashtra and others ...Respondents Mr Gaurav Joshi with Mr Piyush Paheja i/b M/s Hariani and Co. for Petitioners. Mr Milind More, AGP for Respondent Nos.1 to 4. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 5TH OCTOBER 2009. 2 P.C. :- 1] We have heard learned counsel for both the sides. In our opinion, considering the passage of time after the report was submitted and also considering the fact that by letter dated 1st October 2009, the Deputy Director of Education, Mumbai Division, Mumbai has informed the Advocate appearing for respondents that the State Government has constituted a Committee consisting of six members for considering the complaints in relation to the School of the petitioners, following order would meet the ends of justice. 2] The report of the Committee filed in writ petition No.614 of 1999 in respect of New Era School, Government Order dated 24th April 2001 and the demand notice dated 16th May 2001 issued by respondent No.2 are set aside. A letter dated 1st October 2009 is taken on record and marked as  X for identification. 3 3] The petitioners shall appear before the Chairman of Committee referred to above i.e. Deputy Director of Education, Mumbai Division, Mumbai on 9th November 2009 and submit to him any representation / documents on which the petitioners want to rely. The Committee shall thereafter consider whatever is submitted by the petitioners. The Committee shall call for information if any that according to it is relevant and to be considered from the petitioners and other authorities. Thereafter, the Committee shall decide the issues as far as the petitioners are concerned as per the order dated 28th June 1999 passed in writ petition No.519 of 1999. While deciding the issue, the Committee shall take into consideration the statute as also the law that may have been laid down by the Supreme Court on the relevant point including judgment of the Supreme Court in the case of TMA Pai Foundation v/s State of Karnataka, reported in (2003) 6 SCC 790. 4] We want to note here that one of the 4 submissions advanced before us by the petitioners was that the provisions of Regulation 89 of the Secondary School Code are not applicable here being a non-aided school and they apply only to aided schools. The Committee shall take into consideration this submission while making its report. 5] The Committee shall complete hearing within a period of six weeks from 9th November 2009 and submit its report within a period of two weeks thereafter. The report shall be submitted to the State Government and the State Government shall after granting an opportunity of being heard and after supplying a copy of that report to the petitioners, shall pass order thereafter in accordance with law. Rule is made absolute accordingly with no oder as to costs. Parties to act on the copy of this order duly authenticated by the Associate / Private 5 Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )