IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5484 OF 2007 WRIT PETITION NO. 5484 OF 2007 WRIT PETITION NO. 5484 OF 2007 Arvind B.Ram ] .. Petitioner Vs 1. State of Maharashtra & 4 ors. ] .. Respondents Mr. M.P. Vashi for the petitioner. Mrs. S.S. Bhande, AGP, for the respondents No.1 & 2. Mr. Sanjay Prabhu i/b Mr. N.V. Bandiwadekar for the respondent No.5. CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ. DATE : 24TH APRIL, 2008. P.C. 1. The petitioner has challenged the order dated 21st November, 2005, passed by the Education Officer (Secondary) Zilla Parishad, Thane, whereby the respondent No.5 is held to be senior to the petitioner. The Education Officer conducted the enquiry in view of the application given by the respondent No.5 herein. However, as a result of the said order, the rights of the petitioner are affected. The main grievance of the petitioner, amongst other grievances, is that the said order was passed without hearing him. : 2 : 2. The Deputy Education Officer (Secondary) Zilla Parishad, Thane has also filed an Affidavit admitting that the petitioner was not heard before passing the impugned order. In view of this admitted position, the impugned order having been passed behind the back of the petitioner without offering him even an opportunity of being heard is clearly bad and illegal, being contrary to the basic principle of natural justice. 3. We, therefore, quash and set aside the order dated 21st November, 2005, bearing No.TZP/Education/Secon/Sen.List/05 and remand the matter back to the Education Officer (Secondary) Zilla Parishad, Thane, with a direction that the Education Officer shall give notice to all concerned/interested parties, hear them and thereafter shall pass a reasoned order. All this exercise shall be completed by the Education Officer within a period of eight (8) weeks from the receipt of this order. 3. Writ Petition, accordingly, stands disposed of. Sd/- Sd/- (A.A. KUMBHKONI, J.) (S.B. MHASE, J.) (A.A. KUMBHKONI, J.) (S.B. MHASE, J.) (A.A. KUMBHKONI, J.) (S.B. MHASE, J.)