1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 129 of 2009 Ku Vandana v. 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. Mr A.D. Mohgaonkar, Adv for petitioner. Mr D.P. Thakare, AGP for respondents 1,2 Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 15th January 2009 1. Heard Mr A.D. Mohgaonkar, learned counsel for the petitioner. This writ petition is directed against the order dated 28.11.2008 passed by respondent no. 2 whereby the petitioner is declared surplus at respondent no. 4 School and directed to be absorbed in PMS High School, Sanjay Nagar, Nagpur. 2. Learned counsel for the petitioner states that there are teachers who are junior to the petitioner and, therefore, the Education Officer ought to have considered this aspect and should have acted in accordance with law by declaring them surplus before taking any decision in respect of the petitioner. 2 3. Be that as it may, looking to the cause of action involved, we dispose of this writ petition with liberty to the petitioner to make representation to the Deputy Director of Education within a period of one week from today. If such representation is made within the stipulated period, we direct the Deputy Director of Education to consider the same on its own merit in accordance with law after following the principles of natural justice and take decision within a period of three weeks from the date of receipt of such representation. The impugned order is stayed till the decision is taken by the Dy Director of Education. Steno copy, duly authenticated, be supplied to learned Assistant Government Pleader. Judge. Judge. hsj