Case Note & Summary
The petitioners, Rashtriya Shikshan Sangh and four ashram schools run by it, challenged orders dated 9th October 2012 passed by the State of Maharashtra and an order dated 27th February 2012 passed by the Director, Directorate of V.J.N.T. & Other Backward Class & Special Backward Class, withdrawing recognition of the petitioner schools. The schools were established and recognized under the Maharashtra Ashram Schools (Establishment, Recognition and Grant-in-Aid) Rules, 2011. The impugned orders were passed without issuing any show-cause notice or affording an opportunity of hearing to the petitioners. The petitioners contended that the orders violated principles of natural justice and were without authority of law as Rule 12 of the Rules only provides for suspension of recognition, not withdrawal. The respondents argued that the orders were justified due to irregularities. The High Court held that the orders were passed in gross violation of natural justice as no show-cause notice or hearing was given. Additionally, the court found that Rule 12 does not empower the authorities to withdraw recognition; it only permits suspension. Therefore, the orders were ultra vires the rule. The court quashed the impugned orders and directed the respondents to restore recognition of the schools. The court also clarified that the authorities may proceed afresh in accordance with law after giving due opportunity.
Headnote
A) Administrative Law - Natural Justice - Right of Hearing - Withdrawal of Recognition - The orders withdrawing recognition of ashram schools were passed without any show-cause notice or opportunity of hearing, violating principles of natural justice. Held that such orders are unsustainable and liable to be set aside (Paras 1-10). B) Delegated Legislation - Ultra Vires - Rule 12 of Maharashtra Ashram Schools (Establishment, Recognition and Grant-in-Aid) Rules, 2011 - The impugned orders were purportedly passed under Rule 12, but the rule does not authorize the State Government or Director to withdraw recognition; it only provides for suspension of recognition. Held that the orders are without authority of law (Paras 11-15).
Issue of Consideration
Whether the orders withdrawing recognition of the petitioner schools without issuing show-cause notices and affording an opportunity of hearing are sustainable in law.
Final Decision
The impugned orders dated 9th October 2012 and 27th February 2012 are quashed and set aside. The respondents are directed to restore recognition of the petitioner schools. The authorities may proceed afresh in accordance with law after giving due opportunity.
Law Points
- Natural justice
- right of hearing
- show-cause notice
- withdrawal of recognition
- delegated legislation
- ultra vires
- Maharashtra Ashram Schools Rules
- 2011
