1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 1030 of 2011 [Shankar Kashiram Mehare Vs. The Education Officer (Secondary) & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.Z. Sonbhadre, Adv., for the petitioner. Mr. Kankale, AGP for respondent No.1. Mr. N.R. Saboo, Adv., for respondent no.2. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 12th October, 2011. 1. Heard. 2. It is not in dispute that appeal filed by the petitioner challenging his termination has been allowed by the School Tribunal, inter alia, holding that rejection of approval to his appointment by Education Officer was not proper. School Tribunal directed the Management to submit a fresh proposal. That fresh proposal has been rejected by impugned order dated 30th March, 2010. Mr. Sonbhadre points out that, that has been done without any notice and hearing to petitioner. 3. Mr. Saboo states that even the 2 Management was not heard. He points out that after termination of petitioner, another employee by name Shri Patorkar was appointed and Department granted approval to that appointment. According to him, therefore, Shri Patorkar also needs to be heard in the matter. 4. Learned AGP states that as post was not in existence, the approval was earlier rejected. 5. It is not necessary for this Court to go into the merits of controversy. The Education Officer can hear all concerned, including the petitioner and Management. Education Officer can also hear Shri Patorkar, if it is found necessary. 6. The petitioner as also respondent- Management to appear before respondent no.1  Education Officer on 28th November, 2011 and Education Officer shall thereafter attempt to decide the issue as early as possible, and in any case by 31st January, 2012. 7. Subject to this, impugned communication dated 30th March, 2010 is quashed and set aside. 8. Petition is, thus, partly allowed. No costs. Judge Judge |Hedau| 3