Case Note & Summary
The petitioner, Kashi Shikshan Sanstha, through its Secretary, challenged the order of de-recognition of its school passed by the Director of Education, Secondary and Higher Secondary Education, Maharashtra, Pune, communicated on 22.6.2009. The petitioner contended that the impugned order was passed without issuing a show cause notice and without affording a hearing. The respondents argued that a show cause notice was given and a hearing was conducted, and that the de-recognition was reversed earlier by the Director who granted permission to continue the school for one year. Since the petitioner did not comply during that period, recognition was withdrawn again, and no further hearing was necessary. The court examined the order of the Director of Education and found that the earlier order had reversed the de-recognition and granted one year for compliance. However, the subsequent de-recognition was not preceded by a show cause notice. The court held that the principles of natural justice require that before any adverse action like de-recognition, the affected party must be given a show cause notice and an opportunity of hearing. The fact that the petitioner had a previous opportunity to comply did not dispense with the requirement of a fresh notice before the second de-recognition. The court quashed the impugned order and directed the respondents to issue a show cause notice to the petitioner, hear them, and pass a fresh order within three months. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - De-recognition of School - Requirement of Show Cause Notice - Maharashtra Secondary and Higher Secondary Education Act - The court held that de-recognition of a school without issuing a show cause notice and without affording an opportunity of hearing is violative of principles of natural justice. The earlier reversal of de-recognition and grant of one-year compliance period does not obviate the need for a fresh show cause notice before subsequent de-recognition. (Paras 2-5)
Issue of Consideration
Whether the de-recognition of the petitioner's school without issuing a show cause notice and without hearing the petitioner is valid.
Final Decision
The petition is allowed. The impugned order dated 22.6.2009 is quashed and set aside. The respondents are directed to issue a show cause notice to the petitioner, hear the petitioner, and pass a fresh order within three months. No order as to costs.
Law Points
- Natural justice
- Show cause notice
- De-recognition of school
- Opportunity of hearing
- Compliance period
