1 WP3889.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3889 OF 2011 Tatyasaheb Shrirang Shinde & ors. ... Petitioners v/s The State of Maharashtra & ors. ... Respondents Mr.P.J.Thorat a/with Mr.Prashant Khedkar for petitioners. Ms.S.S.Bhende, A.G.P. for respondent Nos.1 to 3. Mr.P.B.Gujar for respondent Nos.4 to 6. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 5TH SEPTEMBER, 2011 P.C.: 1. Heard. 2. Rule. 3. Respondents waive service. 4. The petitioners are Assistant Teachers with respondent Nos.5 and 6 schools and the said schools are run by 2 WP3889.11 respondent No.4 Society. Petitioner No.1 came to be appointed as an Assistant Teacher with effect from 15.6.1999 and the said appointment was approved with effect from 14.6.2000, whereas petitioner No.2 was appointed as an Assistant Teacher with effect from 10.6.2002. Both of them were appointed with respondent No.5 school. Petitioner No. 3 came to be appointed as an Assistant Teacher with effect from 9.6.2003. By his order dated 25.2.2004, respondent No. 2 granted approval to the appointment of petitioner No.3 with effect from 9.6.2003, whereas by the subsequent order dated 27.2.2004, respondent No.2 granted approval to the appointment of petitioner No.1 with effect from 14.6.2000 and that of petitioner No.2 with effect from 10.6.2002. Petitioner No.3 is an Assistant Teacher with respondent No. 4. However, on 10.12.2008, respondent No.2 passed an order and withdrew the approval granted to the appointments of the petitioners and, therefore, Writ Petition No.531 of 2010 came to be filed before this Court. The order dated 10.12.2008 was quashed and set aside by this Court by its order dated 5.8.2010 with a further direction to respondent No.4 to consider the issue afresh by following the principles of natural justice. Despite these directions, respondent No.2 passed the fresh order dated 25.3.2011 and reiterated his earlier decision dated 10.12.2008. By the 3 WP3889.11 impugned order dated 25.3.2011 he held that all the appointments made contrary to the reservation policy would stand disapproved permanently. However, despite the order passed by this Court on 5.8.2010 to comply with the principles of natural justice while passing the fresh order, respondent No.2 failed to give an opportunity of hearing to the petitioners as well as the management. When the petition was heard on 18.7.2011, this Court reminded the Principal Secretary of the School and Education Department of the need to issue a circular setting out the guidelines to the Education Officers so as to follow the principles of natural justice while passing any adverse order against the teachers/employees whose appointments have been earlier approved. Ms.Bhende, the learned A.G.P. has placed before us a copy of the circular dated 26.8.2011 issued by the Principal Secretary and as per the said circular, the Education Officers all over the State of Maharashtra have been informed that they are required to hear all the parties concerned before any adverse order is passed. 5. On account of the failure to follow the principles of natural justice on the part of respondent No.2 while passing the impugned order, this petition will have to be allowed and respondent No.2 will have to hear the petitioners, the 4 WP3889.11 management and also peruse the record so as to pass a fresh order. 6. Hence, the petition is allowed and the impugned order dated 25.3.2011 is hereby quashed and set aside. 7. In case respondent No.2 is satisfied that the approval to the appointment of any of the petitioners granted earlier was illegal or it was obtained by suppressing material facts, he shall issue a show cause notice to all the petitioners as well as the management and after hearing the parties, he will pass an appropriate order expeditiously. Needless to mention, if it is found that the approval order is not obtained by any fraud or does not suffer from any illegality, there will not be any case to issue a show cause notice. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 5 WP3889.11