Case Note & Summary
The petitioners, a Public Trust and a College run by it, challenged the order dated 25.10.2012 permanently cancelling the recognition granted to the petitioner no.2 College under the Maharashtra Animal and Fishery Sciences University Act, 1998. The College initially received recognition in 2002-03, renewed annually until 2010, when it was granted recognition for three years from 2010-11. On 24.08.2012, a show cause notice was issued by respondent no.3 (Dean) with the approval of respondent no.2 (Vice Chancellor), calling upon the petitioners to explain why recognition should not be cancelled. The petitioners submitted a reply on 03.09.2012 pointing out inaccuracies. Despite this, the impugned order was passed by respondent no.2 permanently cancelling recognition. The petitioners argued that the show cause notice was issued by respondent no.3, but the final order was passed by respondent no.2, violating principles of natural justice. The respondents contended that the Vice Chancellor was the competent authority. The court held that the authority issuing the show cause notice must also pass the final order to ensure fairness. Since the show cause notice was issued by respondent no.3 with approval of respondent no.2, but the final order was passed by respondent no.2 alone, the order was unsustainable. The court quashed the impugned order and directed the respondents to issue a fresh show cause notice by the competent authority and pass a fresh order after hearing the petitioners.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice and Final Order by Same Authority - Section 38, Maharashtra Animal and Fishery Sciences University Act, 1998 - The show cause notice was issued by respondent no.3 with approval of respondent no.2, but the final order of permanent cancellation was passed by respondent no.2 alone. Held that the authority issuing the show cause notice must also pass the final order to ensure fairness and compliance with principles of natural justice (Paras 4-6). B) Education Law - Recognition of College - Permanent Cancellation - Section 38, Maharashtra Animal and Fishery Sciences University Act, 1998 - The petitioner college had recognition for three years from 2010-11. During that period, a show cause notice was issued and after reply, recognition was permanently cancelled. Held that the cancellation was arbitrary and without proper application of mind, as the show cause notice and final order were not by the same authority (Paras 2-6).
Issue of Consideration
Whether the impugned order dated 25.10.2012 permanently cancelling recognition of petitioner no.2 College is sustainable in law, particularly when the show cause notice was issued by respondent no.3 with approval of respondent no.2, but the final order was passed by respondent no.2 without affording proper opportunity of hearing.
Final Decision
The impugned order dated 25.10.2012 is quashed and set aside. The respondents are directed to issue a fresh show cause notice by the competent authority and pass a fresh order after affording opportunity of hearing to the petitioners.
Law Points
- Natural justice
- show cause notice by same authority
- Section 38 of Maharashtra Animal and Fishery Sciences University Act
- 1998
- Rules 2006
- permanent cancellation of recognition
- opportunity of hearing
