1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3965 OF 2010 (Dada Rajaram Shivankar & 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 & P.D. KODE, JJ. JULY 14, 2011. Heard Shri Jibhkate, learned counsel for the petitioner, Shri Fulzele, learned AGP for respondents No. 1 to 5 and Shri Parchure, learned counsel for respondent No. 6. After hearing respective counsel, we find that the petitioners are trying to see that the School running in the village is not closed down but is managed properly and competently. The learned AGP as also Shri Parchure, learned counsel have pointed out that School at present is under the Administrator i.e. under Deputy Education Officer (Secondary). According to them, therefore, apprehensions expressed by the petitioners are misconceived. Shri Parchure, learned counsel has pointed out that Respondent No. 6 has already challenged appointment of Administrator by filing appeal before the Director of Education and in that appeal, the petitioners are parties. 2 Shri Jibhkate, learned counsel states that the petitioners have not received any notice of such appeal. We find that the controversy can be taken care of by directing Respondent No. 6 to implead present petitioners in their pending appeal before the Director of Education, if they are not already respondents therein. The Director of Education shall decide the appeal after hearing Respondent No. 6 as also both the petitioners before this Court as early as possible and in any case within a period of six weeks after the parties appear before him and file their reply. The parties are directed to appear before Respondent No. 2 – Director of Education, Pune, on 8th August 2011. The petitioners shall after receipt of copy of reply, file their reply/ documents, if any, by 25th August 2011 and thereafter the Director of Education shall proceed to hear the parties on merit and take appropriate decision in accordance with law at the the earliest and as stipulated above within a period of six weeks. If the orders passed by the said authority in appeal are in favour of Respondent No. 6 and against the cause of present petitioners, the same shall not be given effect to for a period of two weeks. With these directions and observations and without observing anything on merits, present petition is disposed of. No costs. JUDGE JUDGE *GS.