Case Note & Summary
The petitioner, Kasai Dodamarg Shikshan Prasarak Mandal, was running a secondary school at village Patye, taluka Sawantwadi, district Sindhudurg from the year 1993-94. The village Patye was likely to be submerged under the Tilari Irrigation Project, and it was proposed that the villagers of Patye would be resettled at village Zare-Bamber. Consequently, by letters dated January 16, 1996 and February 22, 1996, the petitioner was granted permission to shift its secondary school from village Patye to village Zare-Bamber. Accordingly, from June 1996, the petitioner shifted the school to Zare-Bamber. However, by an order dated August 10, 1999, the Deputy Director of Education (respondent no.3) cancelled the permission granted to the petitioner to shift the school. The petitioner challenged this order by way of a writ petition. The court noted that the order of cancellation was passed without issuing any notice to the petitioner and without giving an opportunity of hearing. The court held that the order was passed in gross violation of the principles of natural justice and was therefore unsustainable. The court set aside the impugned order and remitted the matter back to the Deputy Director of Education for fresh consideration after giving an opportunity of hearing to the petitioner and any other affected parties. The court directed that the matter be decided within three months from the date of the order.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Permission - Right to be Heard - The Deputy Director of Education cancelled the permission granted to the petitioner to shift its secondary school from village Patye to village Zare-Bamber without issuing any notice or giving an opportunity of hearing to the petitioner. The court held that the order was passed in violation of principles of natural justice and was liable to be set aside. (Paras 1-4)
Issue of Consideration
Whether the order cancelling permission to shift a secondary school from one village to another, passed without giving an opportunity of hearing to the petitioner, is sustainable in law.
Final Decision
The court allowed the petition, set aside the impugned order dated August 10, 1999, and remitted the matter back to the Deputy Director of Education for fresh consideration after giving an opportunity of hearing to the petitioner and any other affected parties. The matter was directed to be decided within three months from the date of the order.
Law Points
- Natural justice
- Right to be heard
- Cancellation of permission without notice
- Education law
- Shifting of school
