1 ASWP-772-2597-2011 Srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2597 OF 2011 Devgonda Rajgonda Patil ...Petitioner Versus The State of Maharashtra & ors. ...Respondents WITH WRIT PETITION NO. 772 OF 2011 Shree Gajanan Shikshan Sanstha ...Petitioner Versus Pimpalgaon Vidyalaya & ors. ...Respondents 2 ASWP-772-2597-2011 WITH CIVIL APPLICATION NO.1056 OF 2011 IN WRIT PETITION NO.2597 OF 2011 Shree Gajanan Shikshan Sanstha ...Applicant Versus Devgonda Rajgonda Patil & ors. ...Respondents Mr.A.V.Anturkar with Mr.Tanaji Mhatugade for petitioner in W.P.No. 2597 of 2011 and for resp.nos.1, 5 and 6 in W.P.No.772 of 2011. Mrs.S.S.Bhende, AGP for Resp.nos.1 and 2 in W.P.No.2597 of 2011. Mr.Nitin Mulye for petitioner in W.P.No.772 of 2011. Mr.Vyankatesh Shasty for applicant in CA No.1056 of 2011. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 25, 2011. P.C. 1. Heard. Perused the order passed by this Court on 27th June 2011 and as directed therein the Deputy Education Officer (Secondary), Zilla 3 ASWP-772-2597-2011 Parishad, Kolhapur has filed affidavit in reply. In para 1 of the said affidavit filed in Writ Petition No.2597 of 2011, he has specifically stated that when the impugned order dated 11/3/2011 was passed by him, he had not given personal hearing to any of the petitioners and he proceeded to pass the said order on the basis of the records available in his office. 2. As noted in the order dated 27th June 2011, on the sole ground of the breach of the principles of natural justice, the petitions will have to be allowed and the order dated 11/3/2011 will have to be set aside. 3. In Writ Petition No.772 of 2011 the petitioners are aggrieved by the earlier order dated 19/5/2009. Undoubtedly the Education Officer will hear the teacher as well as the Education Society i.e. Shree Gajanan Shikshan Sanstha afresh and pass an order as per law. 4. Hence the petitions are partly allowed and the order dated 11/3/2011 impugned in Writ Petition No.2597 of 2011 is hereby quashed and set aside. The Education Officer will hear the Society as well as the Assistant Teacher concerned and pass a fresh order and undoubtedly he will also consider the challenge of the Society to the order passed on 4 ASWP-772-2597-2011 19/5/2009. 5. Fresh order to be passed as expeditiously as possible and in any case before 31st October 2011. 6. Civil Application No.1056 of 2011 stands disposed off. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)