:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1735 OF 2009 Raghunath Bhagwat Erande .. Petitioner. Vs. The State of Maharashtra& Ors. .. Respondents. Mr.K.Y.Mandlik for the petitioner. Mr.A.P.Vanarse AGP for respondent nos.1, 2 and 4. Mr.Sachin D.Kadam for respondent no.3. Mr.Anilkumar Patil for respondent no.5. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 19TH MARCH, 2009. DATED : 19TH MARCH, 2009. DATED : 19TH MARCH, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule. 3. By consent of of the parties Rule is heard forthwith. Mr.Vanarse, learned A.G.P. waives service for respondent nos.1, 2 and 4, Mr.Kadam, learned counsel waives service for respondent no.3 and Mr.Patil, learned counsel waives service for respondent no.5. 4. This petition impugns the order dated 24th October, 2008 by which the petitioner is not only reverted but even his payment has been stopped. It appears that the Education Officer (Secondary), Zilla :2: :2: :2: Parishad, Nasik, has passed the impugned order on the application dated 4.3.2009 filed by respondent no.5 - S.P.Gadakh. Counsel for the petitioner submits that no hearing was given to the petitioner while passing such drastic and adverse order against him. The learned counsel for the respondents do not dispute the submission made by the learned counsel for the petitioner. In view thereof I am satisfied that the following order shall meet the ends of justice: a) The impugned order dated 24.10.2008 is quashed and set aside. b) The Education Officer shall consider and decide the application of respondent no.5 dated 4.3.2008 afresh after giving an opportunity of being heard to the petitioner, the respondent-institution and respondent no.5 as expeditiously as possible and preferrably within a period of 12 weeks from the date of receipt of this order. c) All the contentions of the parties are kept open. . Rule is disposed of. No costs. :3: :3: :3: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)