1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4831 OF 2009 (Rajashree Shikshan Sanstha, Bramhapuri & Anr. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 23, 2010. Heard finally Shri Sharma, learned counsel for the petitioners and Mrs. Khade, learned AGP for the respondents. The impugned order passed in appeal on 28.07.2009 by Respondent No. 1 – appellate authority shows that on earlier occasion, the petitioners accepted irregularities, oral and written and the second reason given is though the Ashram Shala is sanctioned since 1992, the necessary facilities are not provided therein till date. Shri Sharma, learned counsel argues that both these reasons given in the impugned order show total non application of mind because there is no such admission and the School was sanctioned in 1999. He points out that hearing lasted only for four minutes and it was not full-fledged hearing, though there was grievance made by the petitioners in their appeal against the office bearers of the department. Mrs. Khade, learned AGP is supporting the impugned order. She points out that because of admissions given on 20.02.2008 and subsequent reports, 2 the Hon'ble Minister has correctly maintained the orders of lower authorities. I have perused the papers. It is apparent that hearing was scheduled on 08.07.2009 and its intimation was given to the petitioners on telephone on 07.07.2009 in the evening. The impugned order also mentions that hearing has taken place on 08.07.2009. About said hearing, the petitioner has made grievance in his representation dated 09.07.2009. I, therefore, find that when all these communications by him are taken into account along with his reply dated 05.05.2008 forwarded to the Director (Respondent No.3), it appears that his appeal has not been fully considered. Hence, without going into more details of the controversy, the impugned order dated 28.07.2009 passed by Respondent No.1 is quashed and set aside. The appeal filed by the petitioners is restored back to file of said respondent for taking fresh decision in accordance with law. The said decision be taken as early as possible and in any case by 31st May 2010. The petitioners shall appear before Respondent No.1 for said purposes on 05.03.2010 and shall abide by its further directions in the matter. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.