1 wp531.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.531 OF 2010 Shri Tatyasaheb Shrirang Shinde & Ors. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... Mr.P.J.Thorat for the petitioners. Mr.S.N.Patil, Asstt. Govt. Pleader for respondent nos.1 to 3. Mr.P.G.Kathane for respondent nos.4 to 6. .... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : AUGUST 05, 2010. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard the petition finally on merits by consent of parties. 2. This Writ Petitions is directed against the communication dated 10.12.2008 passed by the Education Officer (Secondary) whereby the approval granted to the petitioners as Asstt. Teachers vide communication/order dated 23.9.2004 issued by the Education Officer came to be revoked/cancelled. 2 wp531.10 3. The counsel for the petitioners states that apart from other grounds raised in the petition, the main ground on which the impugned order has been challenged is that the same is wholly violative of the principles of natural justice and, therefore, cannot be sustained in law. It is submitted that the petitioners were serving in the school as Asstt. Teachers and approval was granted by the Education Officer in the year 2004. However, the Education Officer, all of a sudden, without giving an opportunity of hearing to the petitioners, passed the impugned order without following the principles of natural justice. Therefore, the order is liable to be set aside on this count alone. 4. Considered the contentions canvassed by the respective counsel. In the present petition, the petitioners have raised a specific ground that the impugned communication/order passed by the respondent no.2 Education Officer (Secondary) is without affording any reasonable opportunity to the petitioners. Similarly, the learned counsel for the petitioners has specifically contended that the Education Officer did not grant any opportunity to the petitioners before revoking the order of approval passed by the Education Officer in favour of the petitioners way back in 2004. In these circumstances, it is evident that the action of the 3 wp531.10 Education Officer is violative of the principles of natural justice and, therefore, in our view, cannot be sustained in law. 5. For the reasons stated hereinabove, the impugned order dated 10.12.2008 is hereby quashed and set aside. The matter is remanded back to the Education Officer (Secondary) for re-consideration of the issue of withdrawal of approval granted by the Education Officer vide order dated 23.9.2004 and decide the same within a period of three months from the date of communication of this order, by following the principles of natural justice. 6. Rule is made absolute in the above terms. No order as to costs. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)