1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2873 OF 2010 The Eastern English Academy Dholgarwadi & ors. : Petitioners versus State of Maharashtra & ors. : Respondents Mr. Mubin H Solkar for the Petitioners. Smt. M P Thakur, AGP, for the Respondent Nos.1 to 4. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 15th April 2010 P.C. : 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Smt.Thakur, AGP, waives notice for Respondent Nos.1 to 4. 3. The position that emerges from the record is that on 26/08/2009 the writ petition filed by these Petitioners came to be disposed of. The Court recorded the statement that the Petitioners’ schools in question have already been closed down. Indeed there was no formal order for withdrawal of recognition passed by the appropriate authority at the relevant time. That order, however, came to be passed on 2nd March 2010. 2 4. It is noticed that the Petitioners had filed an appeal against the decision of the Block Development Officer dated 24/6/2009 which order was passed in the interregnum directing the Petitioners to close down the schools forthwith. The said appeal was pending before the appropriate authority. Even the said appeal has also been disposed of in terms of the impugned order dated 2nd March 2010. The grievance of the Petitioners is that, the said appeal has been decided behind the back of the Petitioners and without giving any opportunity to the Petitioners. 5. In other words, as of now the recognition in favour of the Petitioners’ schools stand withdrawn in terms of the order dated 2nd March 2010. The Petitioners will have to question the correctness of the said decision by way of statutory appeal, which, we are informed, has already been filed. If it is so, the Appellate Authority will have to consider all aspects of the matter on its own merits in accordance with law after giving fair opportunity to the Petitioners and other interested parties before taking final a decision. 3 6. The Appellate Authority shall decide the said appeal expeditiously and in any case not later than four weeks from today. We are inclined to issue this direction because, if the Petitioners were to succeed in the said appeal, the Petitioners would be entitled to restart the schools from the ensuing academic year 2010­2011 commencing from June 2010. 7. As a matter of fact, the order passed by the Block Development Officer has already merged in the order passed by the Under Secretary, Department of School Education & Sports, Government of Maharashtra dated 2nd March 2010. Nevertheless, even the former appeal which was filed by the Petitioners can be heard and decided along with the subsequent appeal filed by the Petitioners against the decision dated 2nd March 2010. We, therefore, set aside the order passed by the Under Secretary, dated 2nd March 2010 dismissing the said former appeal as a consequence of the order passed by him on the same date in relation to withdrawal of recognition of the Petitioners’ schools. 8. Accordingly, the Petitioners are relegated before the Appellate Authority to consider the Petitioners’ both the appeals 4 together on its own merits in accordance with law keeping in mind the observation made by us hitherto. 9. Petition is disposed of on the above terms. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)