-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2159 OF 2009 The President, Sudhagad Education Society & Ors. : Petitioners V/s. The Dy. Director of Education Mumbai Division, Mumbai & Anr. : Respondents ... WITH WRIT PETITION NO.2173 OF 2009 The President, Sudhagad Education Society & Ors. : Petitioners V/s. The Dy. Director of Education Mumbai Division, Mumbai & Anr. : Respondents ... AND WRIT PETITION NO.2187 OF 2009 The President, Sudhagad Education Society & Ors. : Petitioners V/s. The Dy. Director of Education Mumbai Division, Mumbai & Anr. : Respondents ... Mr.Mandar Limaye for the petitioners. -: 2 :- Ms S.S.Bhende, Asstt. Govt. Pleader for resp.nos.1 & 2. CORAM : S.A. BOBDE, J. DATE : FEBRUARY 10, 2009. P.C. 1. Rule, returnable forthwith. Ms Bhende, the learned Asstt. Govt. Pleader for the respondent nos.1 & 2, waives service. Heard by consent. 2. The petitioners have challenged the rejection of their approval by the Deputy Director of Education. Admittedly, the Deputy Director has not heard the petitioners before rejecting the approval. In view of the Division Bench judgement of this Court in Writ Petition no.7061 of 2004 (Shri Pathan Harun Abdulsattar & ors. v. Nashik District Marathi Vidya Prasarak Samaj & ors.) decided on 23.11.2004, the impugned order is set aside. The matter is remanded back to the Deputy Director of Education for a fresh decision, in accordance with law, after hearing the parties. The Deputy Director of Education is directed to take a decision not later than four weeks from the date the parties appear before him. The parties are directed to appear before him on 16.3.2009. 3. Rule is made absolute in the aforesaid terms. -: 3 :- S.A. BOBDE, J.