-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1329 OF 2008 NO.1329 OF 2008 NO.1329 OF 2008 WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.8731 OF 2007 NO.8731 OF 2007 NO.8731 OF 2007 Shri Ravindra T. Kokate and ors. ...Petitioners v/s Nehru Shikshan Sanstha, Pashan and others ...Respondents Mr Shirish V. Pitre for Petitioners. Mr G.S. Godbole for Respondent No.1. Mr S.R. Nargolkar, AGP for Respondent Nos.2 to 5. AND AND AND WRIT WRIT WRIT PETITION PETITION PETITION NO.2857 OF 2007 NO.2857 OF 2007 NO.2857 OF 2007 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Nehru Shikshan Sanstha, Pashan ...Petitioners v/s The State of Maharashtra and ors. ...Respondents -2- Mr G.S. Godbole for Petitioners. Mr S.R. Nargolkar, AGP for Respondents. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 23RD JUNE 2008. P.C. :- 1. In writ petition No.8731 of 2007, the letter dated 6th October 2007 issued by the State Government is challenged. In writ petition No.1329 of 2008, orders made by the Joint Director of Education, Pune Division, Pune, as a consequence of letter dated 6th October 2007 are challenged. Writ petition No.2857 of 2007 is filed by the Management challenging the order dated 26th October 2006 made by the Joint Director of Education, Pune Division, Pune extending the term of the Administrator for a period of one year as also the order appointing Administrator on the Schools. 2. The learned counsel appearing for State Government, after taking instructions from the Deputy Secretary, Department of Education, Mantralaya, Mumbai, who is present in Court, states that the Government -3- hereby withdraws the letter dated 6th October 2007. In view of this statement and considering the situation as it is obtained today, both the contesting parties have agreed to the disposal of these petitions in the following terms. 3. Within a period of one week from today, the Management of the Nehru Shikshan Sanstha, Pashan shall handover charge of both the Schools to the Officer, who is presently working as Deputy Education Officer (Secondary), Zilla Parishad, Pune. 4. After handing over the charge to the Deputy Education Officer (Secondary) as directed above, the Management shall file an application before the Director of Education, Pune Division, Pune requesting him to review his order appointing Administrator as also the order granting extension to the Administrator. The Management shall be free to place all material that it intends to rely upon before the Director of Education. A copy of that application be served to the learned counsel appearing for petitioners in writ petition Nos.8731 of 2007 and 1329 of 2008. 5. The Director of Education thereafter shall grant an opportunity of being heard to the petitioners and any other person who may be interested in the two -4- Schools. The Director of Education shall thereafter cause an enquiry to be made on the question whether in view of the situation as it exists presently, continuation of Administrator on the Schools is necessary or not. While deciding that question, the Director of Education shall not be influenced either by his earlier order appointing Administrator or by his order granting continuation to the Administrator or by any other order passed by the State Government in appeal. The Director of Education shall dispose off the application made by the Management on the basis of material produced before him by the parties and the material that may become available to him on enquiry that he causes to be conducted. The Director of Education shall make an order giving reasons for the same. If any party feels aggrieved by that order, remedies that may be available to them under the law are kept open. The Director of Education shall make the order as expeditiously as possible and in any case, within a period of twelve weeks from the date on which the application is made by the Management. All the three petitions are disposed off with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. -5- . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)