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High CourtsDivision Bench(2023) 08 BOM CK 0049

Jyoti vs Education Officer And Others

Bombay High Court · Decided on 17 August 2023

HON’BLE JUDGES
A.S.Chandurkar, J · Vrushali V. Joshi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 4675 Of 2022

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Judgment

9 paragraphs · 370 words

A.S.Chandurkar , J

1.

Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

2.

The petitioner is aggrieved by the communication dated 11. 07.2023 that has been issued by the Education Officer (Secondary). By the said communication, the financial as well as administrative powers that were conferred to the petitioner pursuant to the earlier order dated 2. 03.2023 came to be granted to the respondent No.3 for the period from 11. 07.2023 to 30.09.2023. It is the case of the petitioner that despite the fact that the period for which the administrative and financial powers had been granted to the petitioner on 02.03.2023, the said period has been curtailed and the respondent No.3 has been granted such powers. This was done without hearing the petitioner.

3.

The learned Counsel for the respondent Nos.1 and 3 do not dispute the fact that the impugned communication dated 11.07.2023 has been issued without hearing the petitioner. Since the administrative and financial powers granted in favour of the petitioner were to operate till 31. 08.2023, it was necessary for the respondent No.1 to have heard the petitioner before curtailing the period for exercise of such powers. In these facts, the following order will serve the ends of justice :-

I] The order dated 11.07.2023 impugned in the writ petition that has been passed by the respondent No.1 is set aside on the ground that it has been passed without hearing the petitioner.

II] The Education Officer (Secondary) shall hear all the parties concerned including the petitioner, the respondent No.3 as well as the Management and take a fresh decision on the aspect of grant of administrative and financial powers by 31.08.2023. It would be open for the Education Officer (Secondary) to pass fresh orders which shall take effect from 01.09.2023.

III] To enable such consideration, the parties including the petitioner and respondent No.3 shall appear before the Education Officer (Secondary) on 21.08.2023.

IV] Till such decision is taken and communicated to the parties, the earlier order passed by the Education Officer (Secondary) on 02.03.2023 shall continue to operate.

4.

All the questions on merit are kept open. The writ petition is disposed of in aforesaid terms. Rule accordingly. No cost.