Guru Kanhayya Prathmik Vidya Mandir Dhule Through Its Headmistress v. The State Of Maharashtra And Others
1 wp 9572.19+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 26 WRIT PETITION NO. 9572 OF 2019 PANCHASHIL PRATHMIK VIDYA MANDIR THROUGH HEADMISTRESS BHARTI RAMBHAU MANIK WRIT PETITION NO. 9573 OF 2019 GURU KANHAYYA PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMISTRESS RITA BHAYYASAHEB SHINDE WRIT PETITION NO. 9574 OF 2019 ADARSH PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMASTER MANDAKINI SHEKHAR WAGH WRIT PETITION NO. 9575 OF 2019 LATE SAU. PADMARAJE KADAMBANDE PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMISTRESS ASHWINI SHEKHAR SHINDE
2 wp 9572.19+ WRIT PETITION NO. 9576 OF 2019 GURUDATTA PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMISTRESS YEDBAI RAMA BACCHAV WRIT PETITION NO. 9577 OF 2019 KUSUMTAI SURYAWANSHI PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMASTER PRAVINKUMAR VINAYAK GAVIT WRIT PETITION NO. 9578 OF 2019 SITAMAI PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMASTER CHANDRAKANT ARJUN PATIL WRIT PETITION NO. 9579 OF 2019 SAKUMAI PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMASTER RAVINDRA AADHAR PATIL
3 wp 9572.19+ WRIT PETITION NO. 9580 OF 2019 SHRI SANT NARHARI PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMISTRESS JAYSHREE SHRIKANT SONAR WRIT PETITION NO. 9581 OF 2019 SOW. KAMLABAI D. VISPUTE PRATHAMIK VIDYA MANDIR THROUGH ITS HEADMISTRESS CHITRA ATMARAM DEORE WITH 28 WRIT PETITION NO.9836 OF 2019 HAZI BADLU SARDAR URDU PRIMARY SCHOOL THROUGH ITS HEADMASTER MOHD. KALEEM MOHD. YAQOOB AND ANOTHER AGP for Respondents No. 1 to 3 : Mr. S. B. Narwade
4 wp 9572.19+ CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.
DATE: 23rd JANUARY, 2020 PER COURT:
1.
According to the learned counsel for the petitioners, without notice to the petitioners and without hearing the petitioners the impugned orders of recovery are passed.
2.
Ms. Jadhav, learned counsel for respondent no. 4 submits that the petitioners were called for hearing. The respondent / authority has given opportunity of hearing to the petitioners but the petitioners on their own volition did not participate in the hearing. The said statement is disputed by the petitioners.
3.
Ms. Jadhav, learned counsel, on instructions of respondent no. 4 submits that respondent no. 4 is ready to give fresh hearing to the petitioners and take decision afresh.
4.
In light of that, the petitioners shall appear before respondent no. 4 on 03.02.2020 and
5 wp 9572.19+ may place all the documents on which they rely before respondent no. 4. The petitioners may give written explanation on the said date. The Education Officer, shall thereafter take decision afresh with regard to the claim of recovery from the petitioners on its own merits, expeditiously and preferably within a period of one (01) month from the date the petitioners appear before him. While taking the fresh decision, the impugned orders would not be an impediment. The same automatically stands set aside as the Education Officer has offered to hear the petitioners afresh and pass fresh orders.
5.
Writ Petitions are accordingly disposed of.
No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe