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Bombay High CourtWP/8937/2014partly allowed

Vilas S/O Pritam Pawar And ORS v. The State Of Maharashtra Through The Secretary And ORS.

2015-03-04Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

905 WP 8937-2014.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8937 OF 2014.

Vilas s/o. Pritam Pawar & ors. .. Petitioners Vs.

The State of Maharashtra & ors. .. Respondents Mr.A.R.Kapadnis i/b Mr.B.S.Shinde, for the petitioners. Ms.S.S.Bhende, Assistant Government Pleader, for the respondent Nos.1 to 4.

CORAM: Smt. Vasanti A. Naik & Shri C.V.Bhadang JJ.

Wednesday 4 March, 2015.

P.C.:

Heard.

It is submitted on behalf of the petitioners that the issue involved in this case was also involved in Writ petition No.7794 of 2014 and this Court, by an order dated 4th March 2015, has allowed the Writ petition and has remanded the matter to the Education Officer for a fresh decision on the cancellation of the approval of the petitioners therein after hearing the petitioners. The learned counsel for the petitioners states that a similar order could be passed in this case also.

Mrs.Bhende, the learned Assistant Government Pleader, appearing on behalf of the Education Officer does not dispute the statement made on behalf of the petitioners and states that the

905 WP 8937-2014.doc issue involved in the aforesaid petition decided on 4th March 2015 and the present petition is identical.

In view of the aforesaid, we partly allow this Writ petition and quash and set aside the impugned order dated 10th September 2014 cancelling the approval of the petitioners. The Education Officer may consider the question of cancellation of approval of the petitioners after hearing the petitioners. The petitioners undertake to appear before the Education Officer on 23rd March 2015 so that issuance of notice to the petitioners could be dispensed with. The points raised in the petition are kept open.

Order accordingly. No order as to costs.

(C.V.Bhadang J.) (Vasanti A.Naik J.)