2.wp.8935-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.8935 OF 2009 Rajapur Shikshan Prasarak Mandal, Rajapur, Dist.Ratnagiri ..Petitioner. Versus The State of Maharashtra and Others. ..Respondents. ... Mr.A.M.Joshi, Advocate for the Petitioner. Mr.S.N. Patil, AGP, for Respondent Nos.1 to 3. Mr.S.A. Sawant, Advocate for Respondent No.4. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : FEBRUARY 11, 2010. P.C. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By this Petition, the petitioner makes grievance against the order dated 29.8.2009 passed by the Deputy Director of Education and the order dated 3.10.2009 passed by the Education Officer pursuant to that order. By these orders, the Deputy Director of 2.wp.8935-09 2 Education and the Education Officer have directed expunging the adverse remarks in the Confidential Report of respondent No.4 for the year 2006-2007. The grievance of the petitioner against the order was that the Deputy Director of Education has no power to make the order of expunging any adverse remarks in the Confidential Report of a teacher working in a recognized school. Therefore, we asked the learned AGP appearing for the Deputy Director of Education to show us the authority under which, this order has been passed. The learned AGP appearing for the Deputy Director of Education informs us today, that he did not find any authority in the Deputy Director of Education to make such an order. Therefore, the orders will have to be set aside. In the result, the Petition succeeds. The order passed by the Deputy Director of Education and the order passed by the Education Officer are set aside. 3. The learned Counsel appearing for the petitioner Management informs us that within a period of three weeks from today, the Management will decide the representation made by respondent No.4 against the same adverse remarks which is dated 16.8.2007 submitted to the Management by respondent No.4, as expeditiously as possible and in any case within a 2.wp.8935-09 3 period of three weeks from today. Statement is accepted. 4. Rule is made absolute accordingly. No order as to costs. Petition is disposed of. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)