1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5342 OF 2010 (Gramin Vikas Shikshan Sanstha vs. Shri Mahesh Kalasgaonkar and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 15, 2011 Heard Shri Shende, learned Counsel for the petitioner, Shri Khubalkar, learned Assistant Government Pleader for the respondent no.1, and Shri Parchure, learned Counsel for the respondent nos. 2 and 3. The petition is directed against the order dated 9/9/2010 passed by the respondent no.1 Deputy Director of Education whereby School run by the petitioner Sanstha came to be transferred in 2 favour of respondent no.3 Sanstha. Shri Shende, learned Counsel for the petitioner, states that though it is specifically mentioned in the impugned order that the petitioner appeared before the Deputy Director of Education at the time of hearing and showed majority decision taken by the Executive Body of the Sanstha and on the basis of which decision is taken by the Deputy Director of Education, however, these observations are not correct since petitioner could not appear before the Deputy Director of Education at the time of hearing since notice thereof was received by the petitioner on 21/9/2010 whereas hearing was held before the Deputy Director of Education on 9/9/2010. It is submitted that specific averments in this regard are also made in the petition. In view of the above referred facts, we dispose of the petition permitting the petitioner to make a representation against the impugned order dated 9/9/2010 to the respondent no.1 Deputy Director of Education, who is directed to consider the same after granting opportunity of hearing to the petitioner and other interested persons and take a 3 decision within a period of six weeks from the date of communication of this order. Needles to mention that the impugned order dated 9/9/2010 shall not come in the way of respondent no.1 Deputy Director of Education to consider the issue afresh in view of the above referred facts. With these observations and directions, the petition is disposed of. Copy of this order be given to the learned Assistant Government Pleader. JUDGE JUDGE khj