Case Note & Summary
The petitioner, NexGen Education Trust, managing Sri Chaitanya Techno School in Tumkur, applied for recognition of its school under the Karnataka Education Act, 1983. The Deputy Director of Public Instructions, Tumkur, issued an endorsement dated 31.05.2019 rejecting the application without providing any opportunity of hearing and without considering the documents submitted by the petitioner. The petitioner filed a revision petition before the Deputy Secretary, Department of Education (Primary and Secondary), which was dismissed on 03.02.2020, again without proper consideration of the material. The petitioner then approached the High Court under Articles 226 and 227 of the Constitution. The court found that both the endorsement and the revision order suffered from non-application of mind and violation of natural justice. The court quashed both orders and directed the respondents to reconsider the application afresh, after affording an opportunity of hearing to the petitioner and considering all relevant documents. The court emphasized that the authorities must apply their mind to the material on record and comply with the principles of natural justice.
Headnote
A) Education Law - Recognition of Schools - Natural Justice - The Deputy Director of Public Instructions rejected the application for recognition without affording an opportunity of hearing and without considering the documents submitted by the petitioner - Held that the order was passed in violation of principles of natural justice and with non-application of mind (Paras 1-10). B) Education Law - Revision Petition - Consideration of Material - The Deputy Secretary, while dismissing the revision petition, failed to consider the documents produced by the petitioner and mechanically affirmed the endorsement - Held that the revisional authority must apply its mind to the material on record (Paras 1-10). C) Education Law - Karnataka Education Act, 1983 - Sections 5 and 6 - Recognition of Schools - The authorities are required to consider all relevant factors before granting or refusing recognition - Held that the impugned orders are quashed and the matter remitted for fresh consideration (Paras 1-10).
Issue of Consideration
Whether the impugned endorsement dated 31.05.2019 and the revision order dated 03.02.2020 rejecting the petitioner's application for recognition of its school are sustainable in law.
Final Decision
The writ petitions are allowed. The impugned endorsement dated 31.05.2019 and the revision order dated 03.02.2020 are quashed. The matter is remitted to the Deputy Director of Public Instructions, Tumkur, for fresh consideration, after affording an opportunity of hearing to the petitioner and considering all relevant documents.
Law Points
- Natural justice
- Right to be heard
- Consideration of relevant material
- Non-application of mind
- Karnataka Education Act
- 1983
- Recognition of schools
