1 wp626.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION KJ WRIT PETITION NO.626 OF 2010 Shivgarjana Pratishthan, Aundh ) Office at Aundh, Tal. Khatav )..Petitioner Vs. State of Maharashtra & Ors. )..Respondents ---- Mr.A.V.Anturkar i/by Dilip Bodke for the petitioner. Ms.S.S.Bhende AGP for respondent nos.1 to 3. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 2/12/2010. PC 1 By way of this petition, the petitioner has challenged the decision taken by the State Government through Secretary of Social Justice and Special Assistance Department, Mantralaya, Mumbai dated 8.4.2009. By the said decision, the Government has rejected the request of the petitioner to give permission to start 2 wp626.10.sxw junior college attached to VJNT, Secondary Ashram School at village Aundh, Dist. Satara which is imparting education up to 10th standard. It is the grievance of the petitioner that the aforesaid order is passed without hearing the petitioner. In order to find out this aspect, learned AGP to take instructions. She has stated that no hearing was given at the time of passing of impugned order. In our view, any order which is adverse to the interest of the party, is to be passed only after hearing the concerned party who has preferred the application. Case of the petitioner is that since the petitioner is already imparting education up to 10th standard, students who has passed 10th standard should be absorbed in 11th standard and therefore, permission should be required. 2 In our view, considering the aforesaid aspect, the impugned order is set aside. The matter is remanded back to the State Government with a direction to take appropriate decision after hearing the petitioner and after considering the evidence on record and say of the petitioner also may be taken on record. Considering the fact that matter is regarding permission to start classes of 11th 3 wp626.10.sxw and 12 standards, we direct the State Government to take appropriate decision latest by 31/3/2011. The impugned order is accordingly set aside. The petition is disposed of in the aforesaid terms. We have not examined the merits of the petition and it is for the Secretary to pass order on merits and in accordance with law. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J)