Case Note & Summary
The petitioners, Shri Gajanan Maharaj Sansthan Pusad and its Ayurvedic Medical College, challenged an order dated 19.07.2019 passed by the Union of India, Ministry of AYUSH, which denied permission for admitting 50 undergraduate seats in the B.A.M.S. course for the academic session 2019-2020. The petitioners had been running the college since 1992-93 with regular permissions. The impugned order cited certain deficiencies but was passed without giving any opportunity of hearing to the petitioners. The court observed that the order was cryptic, did not reflect application of mind, and violated principles of natural justice. The court set aside the impugned order and directed the respondents to reconsider the matter afresh after giving a reasonable opportunity of hearing to the petitioners, including considering any representation they may make. The petition was allowed in those terms.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - The impugned order denying permission for admission was passed without giving any opportunity of hearing to the petitioners, violating principles of natural justice. The court held that before passing an adverse order, the authority must provide a hearing to the affected party (Paras 5-6). B) Education Law - Ayurvedic Medical College - Deficiency Assessment - The deficiencies alleged in the impugned order were not properly assessed and the order did not reflect application of mind. The court found that the order was cryptic and did not consider the petitioners' explanations (Paras 7-8). C) Administrative Law - Reasoned Order - Non-Application of Mind - The impugned order was set aside as it was passed without application of mind and without considering the material on record. The court directed the respondents to reconsider the matter afresh after giving an opportunity of hearing to the petitioners (Paras 9-10).
Issue of Consideration
Whether the impugned order dated 19.07.2019 denying permission for admission of 50 undergraduate seats in B.A.M.S. course for academic session 2019-2020 was passed in violation of principles of natural justice and without proper application of mind.
Final Decision
The impugned order dated 19.07.2019 is quashed and set aside. The respondents are directed to reconsider the matter afresh after giving a reasonable opportunity of hearing to the petitioners, including considering any representation they may make, within a period of four weeks from today.
Law Points
- Natural justice
- non-application of mind
- deficiency assessment
- opportunity of hearing
- reasoned order
