1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.398 OF 2010 Lata Haribhau Awatade ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr S.N. Patil i/b M/s M.P. Vashi and Associates for Petitioner. Mr A.B. Vagyani for Respondent Nos.1 to 3. Mr N.J. Bhanage for Respondent No.4. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 1ST FEBRUARY 2010. 2 P.C. :- 1] The petitioner is making a grievance against the order of the Education Officer by which he has withdrawn his earlier order whereby he had approved the appointment of the petitioner as Assistant Teacher. The petitioner was appointed as a Clerk and was permanent employee in that post. The management promoted him to the post of Assistant Teacher because he has improved his qualification. The Education Officer approved that promotion but subsequently has withdrawn it. We find that the petitioner s promotion to the post of Assistant Teacher was contrary to the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act. We have not been shown any resolution by the State Government providing for grant of promotion in the post of Assistant Teacher to a Clerk who has improved his qualification. In our opinion, though the order of Education Officer withdrawing the approval is an order made without granting an opportunity of being heard, we find that 3 the order granting promotion itself was illegal and therefore, non-granting of an opportunity of being heard to the petitioner by the Education Officer will not make any difference. In other words, as we find that the promotion granted to the petitioner to the post of Assistant Teacher was clearly illegal, it will not be appropriate to interfere in the extraordinary jurisdiction of this Court with the order of the Education Officer. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )