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2019 Supreme(Pat) 928
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR UPADHYAY, J.
Holy Cross International School - Appellant
Versus
Union of India through the Secretary Ministry of Human Resource Development, New Delhi and Ors - Respondent
Civil Writ Jurisdiction Case No.8353 of 2019
Decided On : 26-07-2019
Advocate Appeared:
For the Appellant : Mr. Sanjay Singh, Mr.Apurv Harsh, Mr. Manu Tripathi
For the Respondent: Mr.Sanjay Kumar (Gp17)
For the CBSE : Mr. Vijay Krishna Tripathi
An order with civil consequences must comply with principles of natural justice and be based on independent findings.
Headnote:
Natural Justice - Disaffiliation of School - CBSE/AFFL/330529/2019/1461842, Vishaka and others V/s State of Rajasthan, Writ Petition © No. 389/2019 - [SUMMARY]
Fact of the Case:
The petitioner challenged the withdrawal of affiliation by the CBSE and the decision of the State Government withdrawing the no objection certification. The court found the CBSE's order to be nonspeaking and cryptic, and set it aside. The CBSE passed a fresh order reiterating the withdrawal of affiliation, leading to the present writ application.
Finding of the Court:
The court found that the CBSE's decision was based on the report of the State Government and not on its own independent findings, and quashed the order. The CBSE was directed to conduct a fresh enquiry and make a decision within sixty days.
Issues: Withdrawal of affiliation, compliance with principles of natural justice, reliance on State Government's report
Ratio Decidendi: An order with civil consequences cannot be passed without compliance with natural justice. The decision must be based on independent findings and not solely on the report of another authority.
Final Decision: The court quashed the CBSE's order and directed it to conduct a fresh enquiry and make a decision within sixty days.
ORDER :
1. Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as learned counsel for the Board.
2. This is the second round of litigation. In the earlier round, petitioner challenged the order of withdrawal of affiliation by the CBSC and also the decision of the State Government withdrawing the no objection certification.
3. The C.W.J.C. No. 15034 of 2018 was allowed vide order dated 20.12.2018. The relevant part of the order dated 20.12.2018 is quoted below:-
“I find substance in submission made on behalf of the petitioner that the impugned order dated 16.4.2018 issued by the CBSE is nonspeaking and cryptic. Such order has adverse civil consequences and, therefore, in the absence of reasons being assigned in the order itself, the same cannot be sustained being in breach of the principles of natural justice. The impugned order dated 16.04.2018, therefore, deserves to be set aside and is accordingly set aside.
Since the decision of the State Government to cancel the No Objection Certificate, dated 09.07.2018, is in the background of withdrawal of affiliation, the same also cannot be sustained and is accordingly set aside.
The CBSE shall be at liberty to take decision afresh and pass appropriate order in accordance with law after considering the show cause reply of the petitioner on record.
A grievance has been made on behalf of the petitioner that certain documents, relevant for the purpose of filing show cause reply, were not supplied to the petitioner before decision to withdraw the affiliation was taken.
Learned counsel for the CBSE states that the necessary documents, which were being demanded by the petitioner, have been brought on record with the counter affidavit by way of annexures. The petitioner shall be liberty to file a supplementary show cause reply based on the additional materials, which are now available through the counter affidavit filed on behalf of the CBSE, within two weeks from today. The Court expects that the CBSE shall pass a fresh order in accordance with law by 28.2.2019.
This application is allowed with the observation and directions above.
No order as to cost.”
4. After the order of the Hon’ble Court the C.W.J.C. No. 1503 of 2018, the CBSE passed order reiterating the decision of withdrawal of affiliation.
5. Mr. Sanjay Singh, learned counsel appearing on behalf of the petitioner would submit that decision to disaffiliate the institution is the decision visiting civil consequences and such decision cannot be taken by the CBSE without strict compliance of principle of natural justice.
6. Mr Singh submits that when consequences are grave the decision has to be taken after full compliance of principle of natural justice. Mr. Singh submits that the institution in question has submitted that reply to the show cause notice dated 31.1.2018 on 22.2.2018.
7. For ready reference Annexure-3 dated 22.2.2018 is quoted below:-
To
The Deputy Secretary (Aff.).
Central Board of Secondary Education,
Delhi.
Sub:-reply to your show cause notice dated 31.1.2018 communicated vide letter No. CBSE/Aff/330529/2018/1350995.
Sir,
Vide your letter mentioned above, the undersigned has been directed to submit his show cause on the basis of the observations made by an enquiry committee of the State Education Department. The undersigned shall give point wise reply to the Observations of the enquiry committee which shall make it clear that the observations are incorrect and without any foundation. Before replying to the show cause notice I would like to draw your attention that the present matter is an outcome of a false news report regarding sexual assault of an eight year old girl student by a sweeper working in the school. The Regional Officer, Patna had sent an enquiry committee to the school which visited the school at around 16:00 hrs on 8.12.2017. The Committee viewed the CCTV footage of the relevant camera and did not find the incident to be true. The Committee it appears has, however, erred in ob
