1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2382 OF 2006 Qaisar Bano Sk. Hussain .vs. C.E.O., Z.P. , Amravati ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM: A.P. LAVANDE & R.V. MORE, JJ. DATED : AUGUST 23, 2007. Heard Mr. Badhe, learned Counsel for the petitioner, Mr. Dhote, learned Counsel for respondent nos. 1 & 2 and Mrs. Joshi, learned A.G.P. for respondent no.3. Affidavit filed on behalf of respondent nos. 1 & 2 is taken on record. By this petition, the petitioner challenges the order dated 3.2.2006 passed by respondent no.2 by which petitioner was declared surplus in Purva Madhyamik Shala Sabanpura, Amravati, which is under the control and supervision of respondent no.1 and was absorbed and transferred to school at Mahuli (Urdu). This Court by order dated 4.5.2006 granted stay of the impugned order with the result that the petitioner continues in the school at Sabanpura. The affidavit filed on behalf of respondent nos. 1 & 2 discloses that for the academic year 2007-08 the present strength of the students in the school is 170 and the requirement of the 2 teachers is 5. It is not disputed that presently 5 teaching staff is admissible in the school and the petitioner is one among five. In view of this position, the cause of action to pass the impugned order does not survive. The impugned order, therefore, is quashed and set aside. Needless to mention that this order will not come in the way of respondents from passing appropriate orders in future in case the strength of the students decreases. The petition stands disposed of accordingly. J. JUDGE. JUDGE.