1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR L.P.A. NO.42 OF 2010. IN WRIT PETITION NO.4820 OF 2008 (D). R.S. THOMBARE VS SHRI BHAGWAN BAPURAO KADVE AND OTHERS. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A. D. Mohogaonkar, Advocate for the appellant. Shri M. D. Khamborkar, Advocate for the Respondent no.1. Shri D. P. Thakre, AGP for the Respondent no.2. Shri B. G. Kulkarni Advocate for Respondent no.3. CORAM : A.H. JOSHI AND PRASANNA B. VARALE, JJ. DATE : 1ST FEBRUARY, 2010. 1. The order passed in Writ Petition No.4820 of 2008 is under challenge. What was impugned before the learned Single Judge is the order dated 18-10-2008 (Annexure-5) passed by the Education Officer. By the said Order, the Education Officer had exercised his administrative function of granting approval. 2. Though, initially, the learned Advocate Mr. Khamborkar was of the view that the matter decided by the learned Single Judge pertains to his jurisdiction, 2 after perusal of the reported judgment in case of Ajabrao Mahadeorao Choudhary vs. Principal, Kala Vanijya Mahavidyalaya, 2008(6) Mh.L.J.,436, learned Advocate Mr. Khamborkar has conceded to the position that the Education Officer did not act as a quasi judicial authority while deciding the writ petition. 3. In the result, situation that emerges is that the matter pertains to the Division Bench, however, was decided by the learned Single Judge. 4. In the result, the order under appeal is set aside. Writ Petition is restored to the file. 5. Learned Advocate Mr. Khamborkar undertakes to supply second set and move the Division Bench for admission hearing. 6. Appeal is allowed accordingly. JUDGE JUDGE |Muley|