Case Note & Summary
The petitioners, Rashtriya Shikshan Sangh Sidhewadi and three Ashram Schools, challenged an order of the Minister of Social Justice, Government of Maharashtra, dismissing their appeal against the cancellation of approval of their schools. The schools were established with residential and non-residential facilities. Following complaints, an Administrator was appointed in 2007, but that order was set aside by the High Court in Writ Petition No.7080 of 2006. Subsequently, a show cause notice dated 31 March 2011 was issued citing lack of basic amenities. The petitioners submitted a detailed explanation on 18 April 2011. The matter was initially heard by the Director (respondent No.2), but later remanded. Inspections were conducted, and the Director personally visited the schools. However, the Director passed an order on 27 February 2012 cancelling the approval without considering the material placed by the petitioners. An appeal was filed on 1 March 2012 before the Minister, who dismissed it without affording a personal hearing or considering the relevant material. The High Court, under Articles 226 and 227, found that the Minister violated principles of natural justice. The court set aside the Minister's order and the Director's order, remanding the matter to the Minister for fresh consideration after giving the petitioners a personal hearing and considering all material, including inspection reports. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Appellate Authority's Duty - The Minister, as appellate authority, failed to consider the petitioners' explanation and inspection reports, and did not grant a personal hearing, thereby violating principles of natural justice. The court held that the order dismissing the appeal was unsustainable and set aside the cancellation of approval. (Paras 1-6) B) Education Law - Ashram School - Cancellation of Approval - Show Cause Notice - The petitioners were issued a show cause notice regarding lack of basic amenities, but the appellate authority did not properly evaluate the response and inspection reports. The court directed the appellate authority to re-hear the appeal after affording a personal hearing and considering all material. (Paras 2-6)
Issue of Consideration
Whether the Minister, while dismissing the appeal against cancellation of approval of Ashram Schools, violated principles of natural justice by not considering the material placed by the petitioners and not affording a personal hearing.
Final Decision
The High Court allowed the petition, set aside the impugned order of the Minister dated 1 March 2012 and the order of the Director dated 27 February 2012, and remanded the matter to the Minister for fresh consideration after affording a personal hearing to the petitioners and considering all relevant material. Rule made absolute with no order as to costs.
Law Points
- Natural justice
- right to be heard
- consideration of relevant material
- appellate authority's duty
- cancellation of approval
- Ashram School
