(1) 33-WP-5519-2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5519/2018 VIVEK DINKARRAO CHAUDHARI VS THE STATE OF MAHARASHTRA, THR. ITS SECRETARY, SCHOOL EDUCATION AND SPORTS DEPT., MUMBAI AND OTHERS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A.R. Deshpande, Advocate for the Petitioner (s). Mr. S.B. Bissa, AGP, for the Respondent-State. Mr. H.R. Gadhia, Advocate for Respondent Nos. 6 and 7. CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : AUGUST 27, 2026. 1. Heard. 2. The counsels are ad idem that the issue involved has been addressed by this Court in its order dated 02.07.2026 passed in Writ Petition No. 3183/2018 (Mrs. Deepa Sanjay Budhalani and Anr. v. State of Maharashtra & Ors.). 3. In the said case, the approval granted to the teaching and non-teaching staff was cancelled by the Deputy Director of Education without issuing show cause notice. The attention of the Court was invited to the Government Resolution (GR) dated 23.08.2017, as also the judgment dated 05.09.2022 passed by this Court in Writ Petition No. 1315/2022 (Dilipkumar Patle & Anr. v. Deputy Director of Education, Nagpur Division, Nagpur & Ors.). 4. Learned AGP had, in the said case, pointed out that an opportunity of hearing was given to the petitioners therein. The Court, however, held that it would not be sufficient compliance with the GR, as also the judgment of the Division Bench in Dilipkumar Patle’s (supra) case. The essential requirement in terms of the GR is Kartikeya 2026:BHC-NAG:11221-DB (2) 33-WP-5519-2018 to issue a show cause notice. Accordingly, it was observed that giving an opportunity is one thing and issuing a show cause notice is another. Ultimately, it was held that the respondents failed to comply with the requirements of the GR. The petitions were allowed. The Deputy Director of Education was called upon to take decision afresh in the light of GR dated 23.08.2017, as also the judgment passed by this Court in Dilipkumar Patle’s (supra) case. 5. The same course will have to be be adopted here. Accordingly, and for the reasons set out in the order dated 02.07.2026, the petition is partly allowed. The impugned order dated 10.08.2018 is quashed and set aside. The matter is remanded back to the Deputy Director of Education, Amravati, for taking a decision afresh in accordance with law and what has been stated in the body of the order. 6. The petition is disposed of in terms of above. (JUDGE) (JUDGE) Kartikeya