1 18-4411-2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4411/2018 Samarth Shikshan Mandal through its President, Ramtek and others Vs. The State of Maharashtra through its Secretary, Department of Education and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Mansi Saragkar, Adv. h/f Mr. Anand Parchure, Advocate for petitioners Mr. S.B. Bissa, AGP for Respondent Nos.1 and 3 Mr. Sheikh Majid, Advocate for Respondent No.2 CORAM: ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATED : 17.09.2026 1. Heard learned counsels for the respective parties. 2. The controversy involved in this petition is decided by this order. 3. Learned counsel for the petitioners has argued that they are either member of teaching or non- teaching staff and their approvals were cancelled by the Deputy Director of Education without issuing show cause notice. Learned counsel for the petitioners has relied upon Government Resolution (G.R.) dated 23-8-2017 so also the judgment passed by this Court in Writ Petition No. 1315/2022 (Dilipkumar Patle and anr. Vs. Deputy Director of Education, Nagpur Division, Nagpur and ors.) dated 5-9-2022 in order to support her case. In her brief submission, she has contended that as the show 2 18-4411-2018.odt cause notice was not given and opportunity of hearing was denied, the order impugned cannot be sustained. 4. Per contra, learned Assistant Government Pleaders and respective counsels for the respondents have argued that the notice of hearing was duly given to the petitioners and thereafter order was passed. They submit that the order impugned is just and proper. 5. With the help of respective counsels, we have gone through the record of the case. It is undisputed that the petitioners are teaching and non- teaching staff of the educational institutions. It is also not disputed that the approvals were granted by the Education Department which were ultimately cancelled by the Deputy Director of Education. The question whether hearing was granted or not and whether show cause notice was issued is required to be ascertained on the touchstone of the submissions made by learned AGP. The contention of the learned AGP that the notice of hearing is given, in our opinion, would not be sufficient compliance of the G.R. and the order passed by the coordinate Bench of this Court. It has to be stated that there is difference between show cause notice and notice calling upon the petitioners to attend the hearing. Since the notice for hearing is bereft of any material, we cannot come to the conclusion that it was show cause notice. Be that as it may, since it is undisputed position that neither show cause notice was given nor opportunity of hearing was afforded, we are inclined to the allow the petition in following terms. (i) The petition is allowed. 3 18-4411-2018.odt (ii) The order passed by the Deputy Director of Education cancelling approval granted to the petitioners is quashed and set aside. (iii) The Deputy Director of Education before taking any decision shall adhere to the G.R. dated 23-8-2017 and the judgment passed by this Court in Writ Petition No. 1315/2022 (Dilipkumar Patle and anr. Vs. Deputy Director of Education, Nagpur Division, Nagpur and ors.) dated 5-9-2022. (NIVEDITA P. MEHTA, J.) (ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 17/09/2026 18:38:13