1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 4698/2008 (Modi Club Kamptee vs. Deputy Director of Education Nagpur & others ) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 29th April, 2009. *** 1. Heard Mr. S S Tambulkar, learned counsel for the petitioner and Mr Bharati Dangre, learned Additional Govt. Pleader for Respondent 1 and 2 and Mr Anand Parchure, learned counsel for Respondents 3,4 and 5. 2. This petition is directed the impugned communication dated 2.9.2008 issued by the Deputy Director of Education since it is violative of principles of natural justice because the petitioner- Management was not given an opportunity of hearing. Learned Addl. Government Pleader has submitted that though the notice of hearing was issued to the Management, however, it appears that because of difficulty faced by the Management, nobody could appear before the Deputy Director of Education at the time of hearing of the matter. 2 3. In the circumstances, we set aside the impugned order dated 2nd September 2008, remand the matter back to the Deputy Director of Education for reconsideration of the issue afresh, in accordance with law and take a decision on its own merit, after following the principles of natural justice, within a period six weeks from the date of communication of this order. 4. The President of the petitioner- Management, Headmaster of the School concerned and Respondents 3,4 and 5 undertake to appear before the Deputy Director of Education on 11th May 2009 at 11.00p.m. No fresh notice of hearing will be issued either to the petitioner or to the concerned respondents. JUDGE JUDGE sahare