FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7108 OF 2011 "Mohammed Najmuddin Salman s/o. Mohammed Mujeebuddin Farooqui Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. A.S. Golegaonkar, Advocate for petitioner. Mr. V.D. Rakh, AGP for respondent No.1 Mr. K.G. Patil, AGP for respondent No. Mr. K.M. Suryawanshi, AGP for respondent No. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 2nd DECEMBER, 2011. PER COURT :- 1] Rule. Rule made returnable forthwith. Heard by consent finally. 2] The ground on which the petitioner has approached this court is that, respondent Nos. 2 and 3, before passing the impugned order of debarring the petitioner for SSC examination, have not issued any show cause notice to him. 3] Perusal of the record would reveal that the communication addressed by respondent nos. 2 and 3 is addressed to the petitioner through respondent No.4. However, there is nothing on record which would substantiate that the show cause notice was, in fact, served upon the petitioner. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7108 OF 2011 "Mohammed Najmuddin Salman s/o. Mohammed Mujeebuddin Farooqui Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 4] In that view of the matter, the impugned order suffers from violation of principles of natural justice. Hence, the following order :- [i] Rule is made absolute in terms of prayer clause (C). [ii] Respondent Nos. 2 and 3 are directed to consider the matter afresh, after giving an opportunity of hearing to the petitioner. The petitioner is directed to appear before the respondent No.3 on 12th December,2011. As such, the requirement of fresh notice stands waived. [iii] Respondent No.3, thereafter, shall give an opportunity of hearing to the petitioner after supplying him all the necessary documents and take appropriate decision, in accordance with law. [iv] An authenticated copy of this order be given to the learned AGP , to act upon. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-