Unable to justify reasons for cancellation of NOC by College Commissionerate twice before Court; quashes order being violative of principles of natural justice: Rajasthan High Court
Unable to justify reasons for cancellation of NOC by College Commissionerate twice before Court; quashes order being violative of principles of natural justice: Rajasthan High Court
The Rajasthan High Court passed a judgement on 03-08-2022 in the case of Maharaja Hameer College vs. State of Rajasthan S.B. Civil Writ Petition No. 7709/2022. In a case where NOC was cancelled by Commissioner, Commissionerate College Education and Technical Education Department, granted to Maharaja Hameer College, The Honorable Justice Mahender Kumar Goyal quashed the cancellation order as there has been wholesale violation of the cardinal principles of natural justice while withdrawing the NOC granted in favor of the petitioners.
FACTS OF THE CASE:
The Jamway Educational Trust, a registered society under the Rajasthan Societies Registration Act, 1958, is running the petitioner-college which was granted temporary NOC in 2010 by respondent 2 for running B.A. Course in Arts faculty for the academic sessions 2010-2011, 2011-2012 and 2012-2013 which came to be extended from time to time and was later granted permanent NOC vide order dated 09-06-2015. However, respondent 2 cancelled the permanent NOC vide order dated 21-02-2022 from the Academic Sessions 2022-2023.
The cancellation order was assailed which was disposed by this Court and was given a liberty to pass a fresh reasoned order after affording the petitioner-institution an opportunity of hearing, which led to withdrawal of application. A notice was further issued by respondent 2 to the petitioner seeking personal appearance, pursuant to which the petitioner through its President/Secretary met respondent 2 in person and submitted a letter dated 24-04-2022 requesting therein to supply copies of the enquiry reports along with other documents, part of the reports as the same were not submitted before this Court in the earlier round of litigation.
The petitioner submitted that even after repeated request being made regarding supplying requisite documents and affording it an opportunity of hearing, NOC was permanently cancelled without vide order impugned dated 02-05-2022.
Respondent 2 submitted that several deficiencies and discrepancies were found by the respondents in the petitioner college such as lack of basic infrastructure like library, laboratories, drinking water, toilet, table, chairs and playground etc. It was also found that students of two independent colleges that is Maharaja Hameer College and Jamway Kanya College were found to be studying in one building only.
The Court noted that neither the documents appended with the enquiry reports were placed on record by the respondents nor were the petitioners supplied with either copies of the enquiry reports or the documents appended therewith.
The Court further noted that the reason assigned by the respondents that the letter dated 24-04-2022 was dispatched on 25-04-2022 and the receipt registered post does not reveal the address of the recipient clearly and hence, it could not be replied by them does not hold merit because there is no categorical denial in the reply that the respondents did not receive the letter and it’s a matter of fact that the president/secretary personally approached the respondent 2.
JUDGEMENT:
The Court held that however while setting aside the order passed by the state/public authority in violation of principles of natural justice, the matter is remanded back for decision afresh but in the present case as the respondents withdrew their first application and was given another opportunity to pass a reasoned order and has failed again, thus, no opportunity to be provided for fresh orders and the impugned orders under challenge stands quashed and set aside.
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JUDGEMENT REVIEWED BY CHANDANA SHEKAR