1 wp3520.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.3520/2009 ( Tarun Bhaisare ..V/s.. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Khubalkar, counsel for petitioner. Mr. D.B. Patel, A.G.P. for respondents. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 18 th NOVEMBER , 2009 . Heard Mr. Khubalkar, learned counsel for petitioner and Mr. Patel, learned A.G.P. for respondents. Writ petition is directed against the impound communication dated 2nd July 2009 issued by respondent no.2 Deputy Director of Education, Nagpur Division, Nagpur whereby recognition and affiliation granted to typing institute of petitioner namely ‘Nikita Typing Institute’ came to be cancelled on the ground that petitioner forwarded the application form of the candidate by name Piyush s/o Kishor Kshirsagar showing that he is a 9th standard pass student though at the relevant time he was 5th standard student. The stand of respondent is that petitioner forwarded a false certificate and therefore, respondent cancelled the recognition/affiliation of the institute of petitioner. Learned counsel for petitioner has submitted that respondent issued show cause notice to petitioner dated 8/4/2009 calling upon petitioner to submit his explanation as to why recognition/affiliation should not be cancelled on this 2 wp3520.09.odt count. Petitioner has submitted the reply in which petitioner ha specifically stated that Piyush s/o Kishor Kshirsagar 5th class student. However, since this student has already undergone a training, condition of 9th standard can be released in his case and exception can be carved out though he was not a 9th standard pass student. Learned counsel for petitioner has submitted that in spite of these facts brought to the notice of respondent, respondent did not take these facts into consideration and wrongly held that petitioner gave false information about of the said student and suppressed this fact from respondent. The affidavit filed by respondent is completely silent in this regard. In the backdrop of above referred facts, we direct that the case of petitioner is to be reconsidered by respondents afresh by giving reasonable opportunity of hearing to petitioner. In the circumstances, we quash and set aside the impugned communication dated 2nd of July 2009. Matter is remanded back to respondents for reconsideration of the issue afresh by giving reasonable opportunity of hearing to petitioner on its own merits in accordance with law and take a decision within a period of six weeks from the date of communication of this order. Writ petition is disposed of accordingly. JUDGE JUDGE Tambaskar.