Case Note & Summary
The petitioner, Herle Shikshan Mandal, a trust running a school in village Herle, challenged an order dated 11th August 2014 passed by the State of Maharashtra (Respondent No.1) and a report dated 7th April 2014 by the Deputy Director of Education, Kolhapur (Respondent No.3), which endorsed the transfer of management of the petitioner's school to Respondent Nos.4 and 5. The petitioner had been managing the school since 1995 under a scheme approved by the Joint Charity Commissioner under Section 36 of the Bombay Public Trusts Act, 1950. The petitioner contended that the impugned order and report were passed without giving any opportunity of hearing to the petitioner, violating principles of natural justice. The respondents argued that the transfer was necessary for the better administration of the school. The court, after hearing the parties, found that the petitioner was not heard before the decision was made. The court held that the principles of natural justice, particularly the rule of audi alteram partem, were violated. Consequently, the court quashed and set aside the impugned order and report, and remitted the matter back to Respondent No.1 for fresh consideration after giving a reasonable opportunity of hearing to all concerned parties. The writ petition was allowed in those terms.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Bombay Public Trusts Act, 1950, Section 36 - The petitioner trust challenged the transfer of management of its school without being afforded an opportunity of hearing. The court held that the impugned order and report were passed in violation of principles of natural justice as the petitioner was not heard before the decision. (Paras 4-6) B) Education Law - Transfer of Management - School Administration - Bombay Public Trusts Act, 1950, Section 36 - The Deputy Director of Education's report and the State's order endorsed the transfer of management from the petitioner to Respondent Nos.4 and 5. The court found that the petitioner was not given any notice or hearing before the transfer, rendering the decision void. (Paras 4-6)
Issue of Consideration
Whether the order dated 11th August 2014 passed by Respondent No.1 and the report dated 7th April 2014 by Deputy Director of Education, endorsing transfer of management of the petitioner's school to Respondent Nos.4 and 5, are sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 11th August 2014 passed by Respondent No.1 and the report dated 7th April 2014 submitted by Deputy Director of Education, Kolhapur are quashed and set aside. The matter is remitted back to Respondent No.1 for fresh consideration after giving reasonable opportunity of hearing to all concerned parties.
Law Points
- Natural Justice
- Audi Alteram Partem
- Bombay Public Trusts Act
- 1950
- Section 36
- Transfer of Management
- Writ Jurisdiction
