1 wp9945.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9945 OF 2010 Citizen Welfare Education Society : Petitioner V/s. The Education Officer (Secondary), Zilla Parishad Nashik, at Nashik & Ors. : Respondents .... Mr.Girish Kulkarni with Ms Swati Deshmukh and Mr.Sandeep Waghmare for the petitioner. Ms S.S.Bhende, Asstt. Govt. Pleader for respondent nos.1 to 3. ... CORAM : A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE : MARCH 25, 2011. P.C.: The issue raised in this petition will have to be examined by the appropriate authority in the first instance, keeping in mind the principles espounded by the Aurangabad Bench of this Court in Asha Seva Bhavi Sanstha v. State of Maharashtra & Ors. (2010 (3) B.C.R. 429) to which one of us (A.M.Khanwilkar,J.) was a member. In the circumstances, without expressing any opinion on the correctness of the issue raised in this petition, we dispose of this petition by setting aside the opinion of the appropriate authority communicated to the petitioner vide letter dated 2 wp9945.10 17.8.2010 (exh.`F’) and instead relegate the petitioner before the same authority for considering the claim of the petitioner in the light of the observations made in the aforesaid decision which, we are informed by the learned Asstt. Govt. Pleader, has not been challenged by the State and has been allowed to attain finality. We hope and trust that the concerned authority would decide the claim of the petitioner on its own merits, in accordance with law, as expeditiously as possible and, in any case, on or before 6.5.2011 as the next academic year would commence from June 2011. 2. Petition is disposed of in the above terms. (A.M. KHANWILKAR, J.) (MRS.MRIDULA BHATKAR,J.)