1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1742 OF 1994 1) Vivekanand Shikshan Prasarak Mandal, Dharangaon, Taluka Erandol, District Jalgaon through its President Dr.V.R. Tiwari, Age Major, Occupation Medical Profession, residing at Dharangaon, Taluka Erandol, District Jalgaon. 2) Vivekanand Shikshan Prasarak Mandal, Dharangaon, Taluka Erandol, District Jalgaon through its Secretary, Ankush S/o Narayan Patil, Age 54 years, Occupation Social Service, residing at Dharangaon, Taluka Erandol, District Jalgaon. .. PETITIONERS. VERSUS 1) The Education Officer, Primary Education, Zilla Parishad, at Jalgaon. 2) The Dy. Director of Education, Nashik region, Nashik. 3) The Under Secretary, School Education Department, Maharashtra State, Having its office located at Mantralaya, Extension, Bombay - 400032. 2 4) The State of Maharashtra .. RESPONDENTS. ... Shri V.J. Dixit , Senior Counsel for Petitioners. Shri A.N. Kakade, Advocate for respondent No. 1. Shri K.G. Patil , A.G.P. for respondent Nos.2 to 4. CORAM :- B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE : 8th JUNE, 2010. ORAL JUDGMENT: (Per S.V. GANGAPURWALA,J.) The present petition impugns the communication dated 17th July, 1992 issued by the Education Officer, Primary Education, Jalgaon and the communication dated 25th March, 1994 issued by the Under Secretary, School Education Department, Mantralaya, Mumbai. The petitioners further claim writ of mandamus against the respondent to grant permission to the petitioner society to run additional classes of II,III and IV standard of Balkavi Thombre Primary School, Dharangaon. 2. We have heard learned Senior Counsel Shri V.J. Dixit for the petitioners, Shri A.N. Kakade, learned counsel for respondent No. 1 and Shri K.G. Patil, the learned Assistant Government 3 Pleader for the respondent Nos. 2 to 4. It is contended by the learned Senior Counsel Shri Dixit that the petitioner had applied to the Education Officer (Primary), Zilla Parishad, Jalgaon for second division of class II to Class IV and a single division of Class V. The permission was granted by the Education Officer (Primary), Zilla Parishad, Jalgaon on grant basis for opening the second division of Class II to Class IV standards in their institutions by communication dated 26th November, 1991. Accordingly, the petitioners started new division as per the permission. It is further contended that suddenly the Education Officer (Primary), Zilla Parishad, Jalgaon by letter dated 17th July, 1992 cancelled the permission for 2nd division of Class II to Class IV and for single division of class V. The petitioner preferred representation to the Deputy Director of Education, Nashik region, Nashik and in pursuance of the said representation the earlier permission which was granted on the basis of 100% grant was cancelled and was substituted with a modification that all the said decisions were granted on non-grant 4 basis. The learned Senior Counsel submitted that once the Education Officer had granted permission for additional divisions same could not be cancelled or modified without hearing the petitioners. Moreover, the permission were rightly granted and there was no reason for canceling or modifying the said permission. 3. The petitioner also filed an affidavit in rejoinder by which it was submitted that vide communication dated 20th May, 1996 permission has been granted from V to VII standards as well as IInd division from class II to IV from June 1995 on grant basis, as such in view of the subsequent development, now the issue would be in respect of the salaries of the teacher which had remained unpaid by the Education Officer from the date of impugned order dated 17th July, 1992 and 25th March, 1996 till 28th May, 1996. 4. On perusal of the Government circular dated 25th May, 1997, it is manifest that the authority to accord permission for additional divisions rests with the Deputy Director of 5 Education, and the Education Officer does not have any authority to grant permission for additional divisions. In the light of the same the Education Officer could not have granted such a permission for opening additional divisions. As the said order passed by the Education Officer (Primary), Zilla Parishad, Jalgaon granting permission to start additional divisions was perse and exfacie illegal being without authority, the order passed by the Deputy Director of Education dated 25th March, 1994 cannot be faulted with, nor the petitioner can be allowed to agitate about non-observance of principles of natural justice. 5. In view of the afore said premise, the writ Petition being devoid of any merits same is dismissed. Rule is discharged. However, there shall be no order as to costs. [S.V. GANGAPURWALA, J ] [ B.R.GAVAI, J ] SDM* 1742.94WP(J)