1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CONTEMPT PETITION NO. 358/2008 Shri A.G.Godhamgaonkar,Adv.for petitioner. Shri K.S.Patil.AGP for R.1 to 3. .... CORAM : R.K.DESHPANDE,J. DATE : 18/11/2009. 1] This Contempt petition complains that the Division Bench of this Court by its judgment and order dated 11/7/2006 passed in Writ Petition No.5336/2004 has held that a division should be counted of 40 students each and not 50, as stipulated in the Government Resolution. It was further held in this judgment that when the rules provide for counting of division of 40 students each, the Government Resolution cannot supersede the provision under the rule and hence it was expected that the respondents would not act upon the 2 resolution in future. It is not disputed that the judgment and order passed by this Court on 11/7/06 in Writ Petition No.5336/04 has been complied with. 2] The learned A.G.P. has invited my attention to para 6 of the affidavit filed by Deputy Director of Education, Aurangabad, wherein it has been stated that as per letter dated 14/1/2009, Government has given sanction for recreation of 4 divisions abolition by the Education Officer (Primary) Zilla Parishad, Aurangabad. As a result, primary section (I to IV standards) are now recreated and necessary sanction is given. 3] In view of the aforesaid statement in the affidavit, it is apparent that the judgment and order passed by this Court has been complied with. Shri Godhamgaonkar, learned counsel for the petitioner has contended that the respondents are expected to follow the law laid down by this Court in the aforesaid judgment. However, it is his contention that the respondents are again counting the division of 50 students each in view of the increase in the number of students. However, it is a question regarding 3 correctness of the decision of the respondent authorities, which cannot be gone into in the Contempt Petition. 4] In view of above, there is no substance in the petition. The same is therefore, dismissed with no order as to costs. (R.K.DESHPANDE, J.) umg/cp358-08