Case Note & Summary
The petitioner, Prabhodan Education Society, and its President challenged the order of the Director of Education, Goa, dated 21/02/2006, which cancelled the provisional permission granted to them to run the Government Primary School at Pomburpa. The background of the case is that due to dwindling student numbers in government primary schools, the State Government by order dated 22/12/2000 decided to amalgamate the Government Primary School at Pomburpa with the Government Primary School at Ecoxim, located 2.6 km away. The petitioner, an educational society, by letter dated 20/04/2001 requested the Director of Education to hand over the management of two schools, including the Pomburpa school. The Director by letter dated 23/05/2001 accepted the request on certain terms and conditions, including that the permission was initially for five years and that the premises would be given on an annual rent of Re. 1. Recognition was granted for the academic year 2001-2002. The petitioner started the school with 4 students in the first year, and the strength increased to 44 students by the fifth year (2005-2006). At the expiry of five years, the Director by letter dated 21/02/2006 informed the petitioner that the government had decided to cancel and withdraw the provisional permission with effect from 22/04/2006, calling upon the petitioner to hand over possession. The petitioner challenged this order by way of a writ petition. The court considered the legal issues of whether the cancellation without giving an opportunity of hearing and without assigning reasons was valid. The petitioner argued that the order was arbitrary and violative of natural justice. The respondents contended that the permission was only provisional and for a fixed period, and the government had the right to withdraw it. The court held that the impugned order was not a reasoned order and was passed without giving any opportunity of hearing to the petitioner, which was violative of principles of natural justice. The court quashed the order and directed the respondents to consider the petitioner's representation afresh after giving an opportunity of hearing, and to pass a reasoned order within two months. The court also directed that the petitioner be allowed to continue to run the school until the fresh decision was taken.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Permission - Right to be Heard - The Director of Education cancelled the provisional permission granted to the petitioner to run a government primary school after five years without issuing any show cause notice or giving an opportunity of hearing. The court held that such cancellation without hearing the petitioner was violative of principles of natural justice and the order was liable to be quashed. (Paras 6-7) B) Administrative Law - Reasoned Order - Duty to Give Reasons - The impugned order of cancellation merely stated that the government had decided to cancel the permission without any reasons. The court held that an administrative order affecting rights must be a reasoned order, and the absence of reasons rendered the order arbitrary and unsustainable. (Para 7) C) Education Law - Government Policy - Amalgamation of Schools - The government had amalgamated the primary school at Pomburpa with another school due to dwindling student strength. The petitioner was granted provisional permission to run the school for five years. The court noted that the petitioner had increased student strength from 4 to 44, and the cancellation without hearing was unjustified. (Paras 2-5)
Issue of Consideration
Whether the Director of Education could cancel the provisional permission granted to the petitioner to run a government primary school without giving an opportunity of hearing and without assigning reasons, and whether the cancellation was arbitrary and violative of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 21/02/2006, and directed the respondents to consider the petitioner's representation afresh after giving an opportunity of hearing and to pass a reasoned order within two months. The petitioner was allowed to continue to run the school until the fresh decision was taken.
Law Points
- Natural justice
- right to be heard
- reasoned order
- cancellation of permission
- educational institutions
- government policy
