Case Note & Summary
The petitioner, Vishal Shkishan Prasarak Mandal, a registered public trust, filed a writ petition before the Bombay High Court challenging an order dated 30-06-2015 passed by the Joint Director, Higher and Technical Education Department, Jalgaon. The Joint Director had rejected the petitioner's application for a No-Objection Certificate (NOC) to start a new educational institution. The petitioner contended that the impugned order was passed without affording any opportunity of hearing and without considering the documents and material submitted by the trust, including a lease agreement for land. The respondents, including the State of Maharashtra and the North Maharashtra University, opposed the petition. The court observed that the Joint Director's order was cryptic and did not refer to any of the documents submitted by the petitioner. The court held that the order was passed in gross violation of principles of natural justice as no opportunity of hearing was given to the petitioner before passing the adverse order. Consequently, the court quashed and set aside the impugned order and remitted the matter back to the Joint Director for fresh consideration, directing that the petitioner be afforded a reasonable opportunity of hearing and that the application be decided on its own merits within eight weeks. The writ petition was allowed in those terms.
Headnote
A) Administrative Law - Principles of Natural Justice - Opportunity of Hearing - The Joint Director passed an order rejecting the petitioner's application for NOC without affording any opportunity of hearing to the petitioner and without considering the material placed on record - Held that the order is in gross violation of principles of natural justice and is liable to be set aside (Paras 3-4). B) Education Law - No-Objection Certificate - New Educational Institution - The petitioner trust applied for NOC to start a new educational institution - The Joint Director rejected the application solely on the ground that the trust did not possess its own land, ignoring the fact that the trust had submitted a lease agreement and other documents - Held that the authority must consider all relevant material before passing an adverse order (Paras 2-4).
Issue of Consideration
Whether the impugned order dated 30-06-2015 passed by the Joint Director, Higher and Technical Education Department, Jalgaon, rejecting the petitioner's application for No-Objection Certificate (NOC) for starting a new educational institution, is sustainable in law and whether it violates principles of natural justice.
Final Decision
The writ petition is allowed. The impugned order dated 30-06-2015 passed by the Joint Director, Higher and Technical Education Department, Jalgaon, is quashed and set aside. The matter is remitted back to the Joint Director for fresh consideration. The petitioner shall be afforded a reasonable opportunity of hearing and the application shall be decided on its own merits within eight weeks from the date of the order.
Law Points
- Natural Justice
- Opportunity of Hearing
- No-Objection Certificate
- Educational Institution
- Writ Jurisdiction
