1 CAW765.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.765 OF 2011 IN WRIT PETITION NO.3011 OF 2006 KJ Ansari Nafisa Ali Ahmed )..Petitioner Vs. Education officer (secondary) Nashik & Ors. )..Respondents W I T H CIVIL APPLICATION NO.766 OF 2011 IN WRIT PETITION NO.3010 OF 2006 Pathan Noorjahan Habib Khan )..Petitioner Vs. Education officer (secondary) Nashik & Ors. )..Respondents ---- Mr.N.R.Bubna for the petitioners. Mr.C.R.Sonawane AGP for respondent nos.1 & 5. Mr.Mandar Limaye for respondent nos.2 & 3. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 11/4/2011. 2 CAW765.11.sxw PC 1 Counsel for the petitioners states that the petitioners would be more than content if the order dated 13.3.2006 passed by the Education officer (Secondary) Zilla Parishad, Nashik, is to be set aside and the said authority is directed to re-consider the matter afresh on its own merits and in accordance with law, after giving due opportunity to the management as well as to the petitioners before taking any final decision. Instead of setting aside the order as prayed, we direct the Education officer (Secondary) Zilla Parishad, Nashik to give ex-post facto opportunity to the petitioners and the management and pass appropriate order as may be advised. Needless to observe that in terms of this order, the Education officer will be entitled to re-consider the matter afresh on its own merits in accordance with law. 2 Accordingly, both the petitions as well as applications are disposed of with direction to the Education officer to finally dispose of the grievance of the petitioners and the management on or before 20.6.2011. This direction is issued on the assumption 3 CAW765.11.sxw that the petitioners as well as management would extend their full co-operation for early disposal of the proceedings before the Education Officer. The petitioners as well as representative of the management shall appear in the office of the Education officer on 21.4.2011 at around 11.00 A.M. Education officer may proceed with the hearing or specify the schedule to ensure that a final decision is rendered before 20.6.2011. Petitions and applications are disposed of accordingly. Rule discharged. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)