1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.2516 of 2008 (Rashtra-Sewa Samji So. and anr. vs. State and Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and A.P.Bhangale, JJ. DATE : 7.7.2008. Heard Mr. R.S.Parsodkar, Adv. for Petitioners and Mr.N.W.Sambre, Government Pleader for Respondent Nos. 1 to 4. Counsel for petitioners has submitted that the petitioner no.1 is a Society which runs Rashtra-Sewa Vidyalaya (petitioner no.2) at Lalgunj. It is submitted that the Deputy Director of Education has issued show cause notice as to why the School in question should not be de-recognized for the deficiencies mentioned in the said show cause notice dt. 1.8.2007. Counsel for petitioners has submitted that petitioners submitted reply to the said show cause notice. It is further contended that the Inspection Report of Education Officer dt.23.1.2007 is also in favour of the petitioners as well as the other documents on record also support the contention of petitioners. Mr. Parsodkar, Adv. for petitioners has contended that, in the instant case, the matter was heard by the Mr.Shridhar Salunke, Deputy Director of Education on 24.8.2007 and the proceedings were 2 closed for orders. It is submitted that the impugned order is passed on 28.5.2008 by Mr.Govind Nandede, Deputy Director who is not the Deputy Director who has heard the matter. It is contended that the Deputy Director Mr. Govind Nandede should have given reasonable opportunity of hearing to the petitioners before passing the impugned order since the matter was heard by the other Deputy Director. Mr. N.W.Sambre, Government Pleader has submitted that Mr. Govind Nandede, Deputy Director of Education, will grant an opportunity of hearing to the petitioners. The petitioners undertakes to appear before the Deputy Director of Education on 15.7.2008 at 11.00 A.M. In view of the above referred facts and circumstances, we set aside the impugned order. It is already submitted by the Government Pleader that the Deputy Director of Education will give reasonable opportunity of hearing to the petitioners and it is only thereafter order would be passed on the basis of the material already placed on record. Hence, no further direction, as such, is necessary. Consequently, the petition is disposed of. Copy of this order duly authenticated be supplied to the counsel for respective parties. JUDGE JUDGE ssj