Shivagangagiri Vidyabiruddi Samste vs State Of Karnataka & Ors

SHIVAGANGAGIRI VIDYABIRUDDI .......APPELLANT

SAMSTE

Versus

STATE OF KARNATAKA & ORS. .....RESPONDENTS

O R D E R

Leave granted.

2. The appellant gave a representation to the State

Government for permission to establish a Junior college.

The State Government, by order dated 3.8.1985, permitted

the appellant to establish a Junior college from the

academic year 1985-86.

3. Appellant claims that in pursuance of the said order,

it has established and been running a Junior college. When

the appellant applied for grant-in-aid, on the basis of an

inspection made, the Government came to the conclusion that

the appellant had not established the junior college prior

to 1.6.1987. As a consequence, by order dated 7.10.1999, it

held that as the Junior college was not started prior to

1.6.1987, the permission granted on 3.8.1985 lapsed.

2 4. However, on a subsequent inspection report dated

24.8.2000, the State Government made an order dated

1.1.2002 by which the cancellation order dated 7.10.1999

was withdrawn and the earlier order dated 3.8.1985 granting

permission was revived. Administrative and educational

approval to the said college was also granted from 1985-86.

5. Thereafter, the Government by order dated 21.9.2002

cancelled the order dated 1.1.2002 with immediate effect

and sanction was accorded to the appellant's Pre-University

college only from the academic year 2002-03. The said order

was passed without giving any opportunity to show cause to

the appellant. In the circumstances, the appellant made

several representations to the Government. The matter was

under consideration by the Government and there was a

direction by the Chief Minister to re-validate the order

dated 1.1.2002. In fact the Director, Pre-University

Education, by communication dated 14.12.2004, addressed to

the Secretary, Primary and Secondary Education, referring

to the decision of the Chief Minister, requested the

Government to issue appropriate orders validating the

earlier order dated 1.1.2002. The appellant therefore

waited for a reasonable period hoping that appropriate

orders will be passed. Ultimately, as no order was issued,

the appellant filed a writ petition in the year 2007 for

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quashing the order dated 21.9.2002 and seeking

implementation of the order dated 1.1.2002. The said writ

petition was dismissed on 6.6.2007. The writ appeal filed

by the appellant was dismissed by the impugned order dated

15.6.2010, on the ground that the writ petition was filed

belatedly.

6. Firstly, it has to be noticed that there was no delay

or laches on the part of the appellant in filing the writ

petition. The order dated 21.9.2002 was not passed after

giving an opportunity to the appellant. Secondly, when the

appellant came to know about it, he gave representations

and the matter was under consideration and in fact a

communication was addressed on 14.12.2004 by the Director,

Pre University Education for revalidation of the order

dated 1.1.2002. It was evident that the appellant was

waiting issuance of appropriate orders in pursuance of it.

Only when the Government order dated 1.1.2002 was not re-

validated in spite of the communication dated 14.12.2004,

it filed the writ petition. Hence, dismissal on the ground

of delay and laches cannot be sustained.

7. Valuable rights had accrued to the appellant by reason

of the order dated 1.1.2002 which revived the earlier order

dated 3.8.1985 thereby granting permission to the appellant

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to establish the Junior college from 1985-86. Such an

order, obviously, could not be withdrawn without any show

cause notice or giving an opportunity to the appellant to

show cause. In fact, having regard to the provisions of

the Karnataka Education Act, 1983, an opportunity to show

cause is required before withdrawal of any permission. In

the circumstances, the order dated 21.9.2002 being opposed

the principles of natural justice cannot be sustained. The

appellant has to succeed on this limited ground.

8. We, therefore, allow this appeal, set aside the order

dated 15.6.2010 of the Division Bench and the order dated

6.6.2007 of the learned Single Judge and allow the writ

petition filed by the appellant before the High Court and

quash the order dated 21.9.2002. As a consequence, the

order dated 1.1.2002 will continue to be in force. We make

it clear that the State Government, if it still wants to

take any action with reference to the order dated 1.1.2002,

may do so after giving due opportunity to the appellant to

show cause in the matter. We have not expressed any

opinion on the merits of the matter and this order is made

only on the ground that principles of natural justice were

violated in issuing the order dated 21.9.2002.

.....................J.

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( R.V. RAVEENDRAN )

New Delhi; ....................J. January 04, 2011. ( A.K. PATNAIK )