1 wp5044.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5044 OF 2010 Hindi Prachar Mandal, Though its Chairman/Secretary & Anr. ...Petitioners. Vs. The District Vocational Education & Training Ofifcer Kopari Colony & Ors. ..Respondents. Mr. R.S. Apte, Senior Advocate i/by Mr. A.A. Garge for the Petitioners. Ms. S.S. Bhende, AGP for Respondent No.4. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 23RD FEBRUARY, 2011. P.C. 1. By way of this petition, the petitioners are challenging the order passed by the Deputy Director of Vocational Education, Mumbai- Respondent No.2. By the said order the Deputy Director-respondent no.2 has rejected the prayer of the petitioners giving approval to the concerned teacher as full time teacher. It is submitted that the impugned order is passed without hearing the petitioners. In this connection it is required to be noted that earlier the present petitioners had filed Writ Petition No. 3594 of 2009. The Division Bench by its order dated 21st January, 2010 observed as under: "The issue of consideration of approval is remanded back to respondent No.2-The Deputy Director of Education, who is 2 wp5044.10.sxw directed to reconsider the same on its own merits and in accordance with law and procedure applicable in this regard and take a decision as early as possible and in any case not beyond the period of three months from the date of receipt of this order by following principles of natural justice." Inspite of this clear direction regarding following the principles of natural justice, the learned AGP states that the order is not passed after giving hearing to the petitioners and it is passed on the material available on record. In our view, when the Division Bench has observed as above, the order should be passed after following the principles of natural justice, same includes the personal hearing to the petitioners. Since it is not in dispute that the impugned order is passed without giving personal hearing to the petitioners, only on the aforesaid short ground the impugned order is set aside. The matter is remanded back to the Deputy Director, Vocational Education Mumbai- Respondent No.2, who shall pass order after giving opportunity of hearing to the petitioners and shall decide in accordance with law as deemed fit. The decision may be taken within three months from today. Subject to what is stated above, the petition is disposed of. 2. It is clarified that we have not expressed any opinion on the merits of the case and all contentions of the petitioners are also kept open. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)