Qidwai Educational And Cultural Society, Thr. President Maqbool Hussain Munir Hussain v. The Educational Officer(Sec.) Zp, Nagpur And Others

2025:BHC-NAG:6465 929-WP-3722-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3722 OF 2023 (Qidwai Educational and Cultural Society, through its President & Anr. Vs. The Education Officer (Sec.) & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.N. Shende, Counsel for the petitioners. Mr. S.C. Joshi, A.G.P. for respondent no.1/State. Mr. S.D. Songade h/f Mr. Z.Z. Haq, Counsel for respondent no.2.

.....

CORAM : ANIL L. PANSARE, J.

JULY 9, 2025 Heard.

2] The order impugned, viz., order dated 27/5/2022 passed by respondent no.1, is passed without giving opportunity of hearing to the petitioners. Respondent no.1 has shown respondent no.3 as senior to petitioner no.2, who was promoted to the post of Headmaster.

3] None appears for respondent no.3 and, thus, what has been pointed out by the petitioners' Counsel remained uncontroverted. Even otherwise, the order impugned does not show that opportunity of hearing was given to the petitioners before passing order. 4] In view thereof, the petition is partly allowed. Order dated 27/5/2022 passed by respondent no.1 is quashed and set aside. The proceedings are restored to the file of respondent no.1 for consideration afresh in accordance with law and what has been stated

929-WP-3722-2023 in the body of the order. The parties shall appear before respondent no.1 on 22/7/2025.

5] The petition is disposed of in above terms.

No costs.

(ANIL L. PANSARE, J.) Sumit