1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4538 OF 2008 (The Educational Society vs. State 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 : JANUARY 30, 2009 Heard Shri Bhoskar, learned Counsel for the petitioner, Shri Fulzele, learned Assistant Government Pleader for the respondent nos. 1 to 4, and Shri Borkar, learned Counsel for the respondent no.6. In the present petition, the grievance of the petitioner is in respect of impugned communication dated 16.2.2008 issued by the Education Officer (Secondary) granting approval in favour of S.M. Padole as Head Master of the School in question with effect from 14.1.2008. Shri Bhoskar, learned Counsel for the petitioner, states that as per the procedure, the President of the Society alone is entitled to forward proposal of the Head of the School to the Education 2 Officer for grant of approval. It is contended that the proposal, which was forwarded, was not by the competent person and, therefore, grant of approval cannot be sustained in law. Looking to the cause of action involved, we dispose of the petition with liberty to the petitioner to make an appropriate representation to the Education Officer in this regard within fifteen days from today and if such representation is made, we direct the Education Officer to personally verify the facts placed before him by the petitioner and then take a decision whether proposal submitted by the Society was as per the procedure prescribed in this regard and whether Shri Padole is otherwise eligible and qualified to hold the post of Head Master, by following principles of natural justice within six weeks from the date of receipt of such representation. Needless to mention that the impugned communication dated 16.2.2008 shall not come in the way of re-consideration of the issue by the Education Officer . JUDGE JUDGE khj 3