ST MICHAELS EDUCATION FOUNDATION Vs. LT GOVERNOR
LAWS(DLH)-1983-2-13
HIGH COURT OF DELHI
Decided on February 25,1983

MICHAEL'S EDUCATION FOUNDATION Appellant
VERSUS
LIEUTENANT GOVERNOR DELHI Respondents


Referred Judgements :-

KESHAV MILLS COMPANY LIMITED VS. UNION OF INDIA [REFERRED TO]
S L KAPOOR VS. JAGMOHAN [REFERRED TO]


JUDGEMENT

S.B.Wad - (1.)The petitioner Foundation runs a school by name St. Michael's Grammer School. This is a private un-aided school recognised by Delhi Administration under Delhi School Education Act. On some complaints the Director of Education ordered a statutory enquiry in the alleged mal-practices in this school. One Shri K..G. Singh, Deputy Director, was appointed as an Enquiry Officer. The Director of Education considered the report of the Enquiry Officer and decided that the recognition of the school should be withdrawn under Rule 56 of the Delhi School Education Rules, 1973. A Show Cause Notice was issued to the petitioners on 3-5-1980. Broadly the allegations in the Show Cause Notice pertain to non-payment of the salaries, provident fund etc. to the teachers, non confirmation of teachers and removal of teachers, mis-utilisation of funds, failure to produce account books and the minute books of the meetings of the Managing Committee before the Authorities etc. On 27-5-1980 the petitioners sent their reply to the Show Cause Notice denying the allegations. Nothing was heard by the petitioners thereafter till 14-8-1980. On that date another Show Cause Notice was issued by the Director of Education to the petitioners. This notice was under S. 20 of the Delhi Education Act for showing cause as to why the school should not be taken over by the Administration. The grounds stated in the said notice were exactly identical to the grounds stated in the earlier notice dated 3-5-1980 under Rule 56. On 29-8-1980 the petitioners sent their reply to the Show Cause Notice. On 26-9-1980 the Lt. Governor passed an order taking over the school. The petitioners filed C.W.P. 1344 of 1980 challenging the said order of taking over the school. The petitioners challenged the order on merits as well as on legal grounds. One of the legal grounds of challenge was that the order was a non-speaking order. On 13-7-1981 this Court quashed the order dated 26-9-1980 being a non speaking order. No fresh Show Cause Notice was issued but a second order, purportedly a speaking order, was passed by the Lt. Governor on 24-9-1981 for taking over the school. A second Writ Petition was filed by the petitioners being G.W.P. 2238/81. After amendment of the said petition it was re-numbered as G.W.P. No. 2465 of 1981. The Division Bench issued Rule on 26-5-1982 and passed an order imposing a scheme of management for a period of six months as it had directed the early hearing of the writ petition.
(2.)The impugned order is challenged by the petitioners on several grounds. They are: (a) Section 20 of the Delhi Education Act, 1973 was ultra vires being violative of Articles 14, 19 and 31. (b) The order violated the principles of natural justice as no opportunity of being heard was given to the petitioners ; (e) The order was bad for non-application of mind and was mala fide. (d) The order was bad because the copies of the reports and the evidence relied upon in the impugned order were not supplied to the petitioners and the petitioners were denied the opportunity of being heard effectively; (e) On merits the allegations are wrong. The inferences drawn by the Administration were not based on evidence and were in the nature of more conjecture.
(3.)I donot think it necessary to go into all the grounds of challenge because I am of the opinion that the petitioners should succeed on the ground of the violation of the principles of natural justice.
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