: 1 : wp.446.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.446 OF 2011 Tilak Education Society's Tilak International School .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.C.K. Thomas I/b C.K. Thomas & Asso. for the Petitioner Mr.C.R. Sonawane, AGP, for the Respondent Nos.1, 2 & 4 Mr.K.J. Kandpile for Resp. No.3 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: AUGUST 17, 2011 P.C.: 1. Heard. The petitioner was served with a show-cause notice on 13.12.2010 and was given 7 days' time to submit its reply to the said notice. However, on 13.12.2010 itself, the Education Officer of the Corporation passed an order and sealed the primary school office gate as well as the record. Hence, this petition. 2. We have perused the affidavit in reply filed by Shri Balasaheb Mane, Education Officer with the Navi Mumbai Municipal Corporation : 2 : wp.446.2011 Education Board. He has alleged that the petitioner society was adamant and refused to follow the procedure laid down in the Resolutions passed by the Government of Maharashtra for formation of the Parent Teachers Association and despite several opportunities given to the petitioner, there was no response. The impugned action was taken as a last resort. We are not impressed by the reply submitted by the Education Officer. When the show-cause notice was issued, 7 days' time was given to the petitioner to submit its reply and, therefore, the Education Officer was required to wait till the reply was submitted or for the period of 7 days whichever was earlier. The learned Counsel for the Petitioner alleged that due to the high handed action of the Education Officer, the School students had to wait outside the school premises and they could not enter the school rooms. The learned Counsel for the Petitioner also submitted before us that reply to the show-cause notice has already been filed on 13.12.2010 itself and without considering the same, the impugned order came to be passed. 3. We direct the Education Officer (Respondent No.3) to hear the petitioner through its Secretary or Headmistress within two weeks from today and pass a fresh order on the show-cause notice dated 13.12.2010 as per law. We quash and set aside the order dated : 3 : wp.446.2011 13.12.2010. In case the petitioner desires to submit any additional reply alongwith documents the same shall be done within one week from today. 4. Writ Petition is disposed off. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)