1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3113 OF 2009 (Pravin s/o Bhaurao Shrawankar and others vs. The Secretary, Department of Sport and Education 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 F.M.REIS, JJ. DATED : NOVEMBER 11 , 2009 Heard Shri Parsodkar, learned Counsel for the petitioners, Mrs. Dangre, learned Additional Government Pleader for the respondent nos. 1 to 3, and Shri Jibhkate, learned Counsel for the respondent no.4. Shri Parsodkar, learned Counsel for the petitioners, states that grievance of the petitioners is in respect of order of transfer of School dated 14.7.2009 issued by the State Government whereby secondary School in question run by the respondent no.4 is transferred from Khadki to Singhori. It is 2 submitted that transfer of the School is in violation of Government Resolution dated 17.2.2009, which is annexed as Annexure IX to the petition. Mrs. Dangre, learned Additional Government Pleader states that considering Clause 4 of the said Government Resolution, the same will be effective from the next academic session in view of formalities required to be completed before considering the cases of transfer of Schools from one place to another as per the procedure stipulated in the said Government Resolution. So far as the issue about present case of transfer is concerned, it is brought to the notice of this Court that index number, which was granted to the Secondary School at Singhori was cancelled by the Board for the reasons mentioned in the communication dated 16.10.2009. Be that as it may, it appears that School, which was run by the respondent no.4 at Khadki is still in existence and there are 38 students taking education in the Secondary School at Khadki. It is also brought to the notice of this Court that there are some students already admitted in the School at Singhori. Since 3 index number of the School at Singhori is cancelled, in the interest of justice, we permit the Management to admit the students of the said School in the School at Khadki and permit them to appear in the examination from Khadki School. So far as impugned communication is concerned, that should not be given effect during this academic session. In the backdrop of the above referred facts, learned Counsel for the petitioners seeks permission to withdraw the petition and prays that issues raised in the petition may be kept open. In the circumstances, petition is disposed of as withdrawn by keeping the issues open. JUDGE JUDGE khj