Case Note & Summary
The appellants, Veerabhadreshwara Education Trust and Panchamasali Pre-University College, filed a writ appeal against the order dated 23.03.2022 passed by the learned Single Judge in W.P.No.100377/2022, which dismissed their petition and issued certain directions. The first appellant is a registered Public Charitable Trust running the second appellant college, which was established based on permission granted by the Government of Karnataka vide order dated 24.07.2010. The college is unaided and commenced operations from the academic year 2011-12. The respondents, including the Government of Karnataka and the Director of Pre-University Education, cancelled the recognition of the college without issuing any show cause notice or affording an opportunity of hearing to the appellants. The appellants contended that this cancellation was arbitrary and violative of principles of natural justice. The Division Bench, comprising Justice S.R. Krishna Kumar and Justice G Basavaraja, heard the matter and found that the cancellation was indeed without any prior notice or hearing, thus unsustainable in law. 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 appellants. The appeal was allowed, and the respondents were directed to pass appropriate orders within a stipulated time.
Headnote
A) Education Law - Recognition of Educational Institutions - Cancellation of Recognition - Principles of Natural Justice - The appellants, a Trust and its college, challenged the cancellation of recognition by the respondents without affording an opportunity of hearing. The Division Bench held that the cancellation was arbitrary and violative of natural justice, as no show cause notice or hearing was given before the adverse order. The court set aside the cancellation and directed reconsideration after hearing the appellants. (Paras 1-10) B) Education Law - Unilateral Withdrawal of Permission - Government Order dated 24.07.2010 - The college was established based on a government order granting permission. The respondents unilaterally withdrew the recognition without any prior notice or justification. The court held that such unilateral action without following due process is unsustainable. (Paras 2-5) C) Education Law - Writ Appeal - Maintainability - The appeal was filed under Section 4 of the Karnataka High Court Act against the order of the Single Judge. The Division Bench found merit in the appeal and allowed it, setting aside the impugned order and directing the respondents to reconsider the matter after hearing the appellants. (Paras 1, 10)
Issue of Consideration
Whether the impugned order dated 23.03.2022 passed by the learned Single Judge in W.P.No.100377/2022 is sustainable in law, particularly in light of the alleged violation of principles of natural justice and the merits of the recognition cancellation.
Final Decision
The writ appeal is allowed. The impugned order dated 23.03.2022 passed by the learned Single Judge in W.P.No.100377/2022 is set aside. The respondents are directed to reconsider the matter afresh after affording a reasonable opportunity of hearing to the appellants and pass appropriate orders in accordance with law.
Law Points
- Principles of natural justice
- audi alteram partem
- right to be heard before adverse order
- Section 4 of Karnataka High Court Act
- Karnataka Education Act
- 1983
