64wp637.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.637 of 2010 (Kelapur Edu. So. and Ors. vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and R. C. Chavan, JJ. Date : 06/04/2010. Heard Mr. R. L. Khapre, Adv. for petitioners, Mr.J.B.Jaiswal, Assistant Government Pleader for respondent nos. 1 and 2, Mr.P.A.Gode, Adv. for respondent no.3 and Ms Udeshi, Adv. for respondent no.5. This petition is directed against the communication dt. 13.1.2010 issued by the Education Officer whereby the permission/communication dt. 9.11.2009 granted by the Education Officer to the Petitioner/Society for making appointment of three teachers in KES High School, Pandharkawada came to be cancelled without following the principles of natural justice. Considered the contentions canvassed by the respective counsel. Following facts are not in dispute : That, In KES High School, there were three vacancies in permanent posts and therefore, the petitioner/Society sought permission from the Education Officer to fill up the said vacancies of Shikshan Sevaks. The Education Officer vide communication dt. 9.11.2009 granted permission to petitioner/Society to fill up the said vacancies. The petitioner/Society followed the procedure applicable 64wp637.10.odt 2 . in this regard and selected the eligible candidates and issued order of appointment dt. 30.11.2009. The Education Officer, at a latter point of time, issued the impugned communication dt. 13.1.2010 without following the principles of natural justice. In the backdrop of the above referred facts, we are of the view that the impugned communication, undoubtedly, is in violation of principles of natural justice and therefore, it will be appropriate for the Education Officer to consider the issue afresh. We issue the following directions. That the Education Officer is directed to re-consider the issue of cancellation of permission granted vide communication dt. 9.11.2009 afresh, on its own merits and in accordance with law, by giving reasonable opportunity of hearing to the petitioner/Society as well as respondent nos.3 to 6. All the parties shall appear before the Education Officer on 20.4.2010, at 11 O'clock. No fresh notices be issued to the parties. The Education Officer is directed to take a final decision in this regard, on its own merits, within a period of three weeks. Needless to mention that the impugned order dt. 13.1.2010 shall not come in the way of the Education Officer to re- consider the issue of cancellation of permission afresh. The petition is disposed of accordingly. Copy of this order duly authenticated be supplied to the Assistant Government Pleader. JUDGE JUDGE jais