1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.957/2010 ( Shivratan S/o Shriram Shewale & others ..Vs.. The State of Maharashtra & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Deshpande, Adv. for petitioners. Mr. S.J. Jichkar, A.G.P. for respondent no.1. CORAM : D.D. SINHA & A.P. BHANGALE JJ. DATE : 1 4. 2.2 011 . Heard the learned counsel for the petitioners and the learned A.G.P. for respondent no.1. Present writ petition is directed against the impugned communication dated 29/9/2009 issued by the Education Officer (Secondary), Buldhana whereby the approval to the petitioners for their respective posts came to be refused in view of Government Resolution dated 6/2/2004 as well as in view of the lapsing of the post of Superintendent as per Government Resolution dated 25/11/2005. The learned counsel for the petitioners has brought to our notice the order dated 31st July 2009 passed by the Division Bench of this Court whereby the Writ Petition No.3184/2009 filed by 2 the petitioners for the similar relief came to be disposed of with directions to the Education Officer to decide the proposals of the petitioners which were to be submitted by the Management. The learned counsel for the petitioners has contended that the Education Officer without giving any opportunity of hearing to the petitioners passed the impugned order and therefore, the same is against the principles of natural justice. Mr. Jichkar, learned A.G.P. for respondent no.1, has submitted that the decision is taken in view of the various Government Resolutions as well as in view of the lapsing of the post of Superintendent. Be that as it may, since this Court vide order dated 31st July 2009 directed the Education Officer to decide the proposals for grant of approval to the petitioners, it was necessary for the Education Officer to give reasonable opportunity of hearing to the petitioners. However, in the instant case the Education Officer failed to do so and therefore, in our view impugned communication being violative of principles of natural justice is hereby quashed and set aside. The matter is remanded back to the Education Officer to decide the issue afresh on its own merits in 3 accordance with law and procedure applicable in this regard within a period of four weeks from the date of communication of this order, after giving reasonable opportunity of hearing to the petitioners. Writ petition is accordingly disposed of. Authenticated copy of this order be supplied to the learned A.G.P. JUDGE JUDGE Tambaskar.