1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.5887 OF 2010. Utkarsh Shikshan Prasarak Mandal, Mouda,Tahsil Mouda,thr. its President Ramdas Paikuji Supare and another .Vrs. State of Maharashtra, thr. its Secretary in the Dept. of School Education and Sports, Mantralaya, Mumbai and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Shri. S.V.Bhutada, Advocate for Petitioners) CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 08.06.2011 Heard Mr. S.V.Bhutada, Learned Counsel for Petitioners, Learned Assistant Government Pleader for respondent Nos. 1 to 4 and Mr. R.S.Parsodkar, Learned counsel for respondent No.5. Mr. Bhutada, Learned Counsel states that order of appointment of administrator passed by the Director of Education on 02.03.2010 and taking over management dated 03.03.2010 are impugned in this 2 petition on that ground hearing was accorded by Joint Director on 07.02.2009 and order has been passed by some other authority that too after expiry of period of more than eight months. He further contends that the order impugned dated 12th April, 2010 issued by Deputy Director of Education, Nagpur Division, Nagpur thereby withdrawing the recognition of school. The Learned Counsel for petitioner has invited our attention on relevant documents to substantiate his contention. Facts clearly shows that on the issue of taking over of management in accordance with the provisions of Maharashtra Education Societies (management) Act, 1976 the Petitioner was heard by Joint Director of Education on 27.07.2009. The impugned order is passed on 03.03.2010 by Director of Education and the management was taken over for a period of three years. On earlier date i.e. 2nd March,2010 the Administrator was appointed by very same Director. This management was taken 3 over on 03.03.2010 while Administrator was appointed by separate order on 2nd March, 2010 i.e. prior to it. Both these orders dated 03.03.2010 and 02.03.2010 are therefore quashed and set-aside. The other impugned order dated 12.04.2010 only reproduces the errors pointed out by Education Officer. The matter was heard on 17th March, 2010 and it appears that on that day the petitioners had placed their reply in writing before the Deputy Director of Education, Nagpur. Said reply and defences raised therein are not even looked into. We therefore find that the order dated 12th April 2010 issued by respondent No.2 is unsustainable and same is quashed and set-aside. Petitioner shall appear before respondent No.2/Director of Education for hearing on 30th June, 2011. He shall also appears before Deputy Director of Education, Nagpur Division, Nagpur for same purpose on 05th July, 2011. The said authorities shall 4 proceed to hear the Petitioner on said date or on some other dates as per their convenience to pass final orders afresh on or before 31st August,2011. Writ petition stands partly allowed. Rule made absolute accordingly with no order as to costs. JUDGE JUDGE scd//