1 wp-3318-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3318 OF 2010 Moraya Shikshan Sanstha, Pune ..Petitioners versus The State of Maharashtra & Ors. ..Respondents Mrs. S. S. Gokhale for Petitioners. Mrs. M. P. Thakur – AGP for Respondent Nos. 1 and 3. Mr. M. L. Patil for Respondent No. 5. Mr. Sunil Magar, Dy. Director of Education and Mrs. Vidya Shinde, Education Officer (Secondary) present in Court. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 03, 2010. P.C. : 1. Heard the learned counsel for the parties. 2. The writ petition is directed against the Order dated 10th November 2009 issued by the Education Officer (Secondary), District Pune, whereby the Education Officer cancelled earlier order of approval dated 1st November 2007 granted in favour of the respondent no. 4 as Assistant Teacher who was 2 wp-3318-10 eligible to teach Science and Maths subject, to VIIIth Std. students (Secondary). Similarly by the impugned order, the respondent no. 5 was put into the category of 25% of quota and also granted approval for his upgradation. 3. The learned Assistant Government Pleader, on the basis of instructions from Mrs. Vidya Shinde, Education Officer (Secondary) makes a statement that the impugned Order dated 10th November, 2009 shall be withdrawn. The Education Officer shall consider the case of the respondent no. 5 independently for grant of upgradation and giving him the pay scale applicable to graduate teachers in 25% quota, in accordance with law and procedure applicable in this regard, within a period of four weeks from today. 4. In view of the above statement made by the learned Assistant Government Pleader, the cause of action in the present writ petition, at this stage, no more survives. Consequently the writ petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)