WP 10708/10 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10708/2010 1] Maharashtra Magasvarga Seva Sangh, through its Vice President, Umla Kaniram Rathod, age 82 yrs., occu.Vice President, r/o Gutti Tq.Pusad Dist.Yavatmal. 2] Savai Mithu Chavan, age 57 yrs., occu.Headmaster, Late Bhojaji Naik Bhatkya Jamatis Vimukta Jatis Prathamik Ashram Shala, Yedshi Tq.Kalamnuri Dist.Hingoli. ...Petitioners.. Versus 1] The State of Maharashtra, through the Principal Secretary, Social Welfare Department, Mantralaya, Mumbai. 2] The Director, Social Welfare Department for Vimukta Jatis and Bhatkya Jamatis, VJNT, OBC and Special Baackward Class, Maharashtra State, Pune. 3] Chief Executive Officer, Zilla Parishad, Hingoli. 4] Special Social Welfare Officer, Zilla Parishad, Hingoli. ...Respondents... WP 10708/10 - 2 - ..... Shri S.R. Choukidar, Advocate for petitioners. Shri K.M. Suryawanshi, AGP for respondent nos.1 & 2. Shri I.D. Maniyar, Advocate h/f Shri V.S. Panpatte, Advocate for respondent nos.3 & 4. ..... CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 26.07.2011 PER COURT : 1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith for final disposal with the consent of learned counsel for the parties. 2] By this writ petition, the petitioners have impugned the orders dated 18.8.2010 and 18.10.2010 passed by respondent nos.2 & 1 respectively whereby the petitioners’ permission for running Ashram school has been canceled. This Court on 24.11.2010, while issuing notices to the respondents, granted ad interim relief in terms of prayer clause (B). Thereafter, this petition was heard from time to time and on 14.6.2011, the following order was passed: “[1] This writ petition is directed against the orders passed by Respondent Nos.1 and 2 withdrawing the permission granted to the WP 10708/10 - 3 - petitioners to run Ashram School. It appears that by virtue of interim order passed by this Court the petitioners are still running the Ashram School. Petitioners claim that after filing of the writ petition on 18th January, 2011, inspection of the Ashram School has been carried out by the Divisional Social Welfare Officer and as per his report most of the deficiencies which were pointed out earlier have been cured by the petitioners. Having considered the contentions of the learned counsel for the Petitioners and having perused the reply affidavit, so also the rejoinder filed by the petitioners, we issue directions to Respondent No. 2 to appoint some responsible officer from his office to inspect the petitioners’ Ashram School once again to find out whether all deficiencies have been cured and submit report before this Court in a sealed cover on the next date of hearing. [2] S.O. for six weeks. [3] The interim relief to remain operative till next date.” 3] In view of this order, inspection was carried out on 5th and 6th July, 2011. The report of the inspection is placed before us today in a sealed cover. We have perused the report. We do not wish to make any comment on the report at this stage since learned counsel for the parties have agreed for the following order. 4] The orders dated 18.8.2010 and 18.10.2010 passed by respondent nos.2 & WP 10708/10 - 4 - 1 respectively are set aside. Respondent no.2 is directed to consider the petitioners’ case afresh in the light of the report submitted to this Court dated 25.7.2011. The report submitted is handed over to the learned AGP to forward it to respondent no.2. Respondent no.2 shall consider and decide the petitioners’ case afresh within a period of 12 weeks from the date of receipt of this order. The petitioners are directed to appear before respondent no.2 on 22.8.2011 along with copy of this order. Respondent no.2 shall grant opportunity of hearing to the petitioners before passing final order in respect of their Ashram school. It is open to the petitioners to place additional material, if any, before respondent no.2 and cooperate for disposal of the matter within the stipulated time. Respondent no.2 shall also grant hearing to respondent nos.3 & 4. Learned AGP is directed to furnish copy of the report dated 25.7.2011 to the learned Advocate for the petitioners. The interim order passed on 24.11.2010 shall remain operative till respondent no.2 passes final order in pursuance of the directions issued hereinabove. With these observations, the writ petition is disposed of and Rule is made absolute accordingly. (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) ndk/c267117