0212caw2606.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.W. NO. 2606/2009 IN WRIT PETITION NO. 4656 OF 2009 (D) (SINDHU BAHU-UDDESHIYA SHIKSHAN SANSTHA VS. DY. DIECTOR OF EDUCATION & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. A. Parchure, Adv. With Mr. P. Shende, Adv. for the petitioners. Mr. D. B. Patel, A. G. P. for the respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 02nd DECEMBER, 2009. Heard. Mr. Parchure, learned Counsel for the petitioners states that civil application No. 2606 of 2009 is filed by the petitioners for speaking to minute in respect of order dated 16/11/2009 passed by this Court in writ petition No. 4656 of 2009. It is contended that in the said order it is observed by this Court that the Education Officer has submitted his report to the Deputy Director of Education in this regard; however, the decision taken by the Education Officer rejecting the proposal of petitioner was communicated to the petitioner. It is contended that the decision was taken not by the Education Officer but by the Deputy Director of Education. It is further contended that appropriate correction may be directed to be carried out in this regard. It is further 0212caw2606.09.odt 2/2 submitted that in the last paragraph of the order, the observations are made that if the occasion arises it is always open for the petitioner to make appropriate proposal to the Education Officer for necessary action. It is contended that the appropriate authority to consider the proposal for transfer of school is Deputy Director of Education and not the Education Officer, and therefore, necessary correction may be directed to be effected in this regard. The learned Assistant Government Pleader does not dispute this factual aspect of the matter. In the backdrop of the above referred facts, the office is directed to substitute the words; “Deputy Director of Education” in place of “Education Officer” in 8th line from the top and in the last line of the order, forthwith. With this modification, remaining order is confirmed. If such proposal is made, the Deputy Director of Education shall consider such proposal in accordance with law and procedure, as early as possible and for that the earlier order shall not come in the way of the Deputy Director of Education. The application is disposed of accordingly. JUDGE JUDGE wwl