SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Rekha Palli, J.
Dwarka Private ITI - Appellant
Versus
Directorate General of Training - Respondent
W.P.(C) 12220 of 2021 & CM Appl. 38266 of 2021 (stay)
Decided On : 19-04-2022




An administrative order must be reasonable and consider a party's submissions; failure to do so violates natural justice and can lead to the quashing of the order.

Headnote:(A) Education and Training Laws - Natural Justice Principles - De-affiliation Order - The petitioner sought the quashing of the de-affiliation order dated 24.11.2020 due to alleged deficiency in procedures and lack of reasons - The impugned order's failure to address the petitioner's submissions constituted a violation of natural justice. (Paras 4-6)

(B) Administrative Law - Reasoned Decisions - An order must be reasoned, with due consideration of replies provided by the concerned party. (Paras 5-6)

Facts of the case:
The petitioner, an ITI, challenged the de-affiliation order claiming it was issued without proper reasoning and during a holiday when staff were unavailable for inspection.

Findings of Court:
The Court ruled the de-affiliation order was quashed due to violation of natural justice principles and lack of consideration of the petitioner's submissions. A fresh inspection was ordered.

Issues: The primary issues revolved around the absence of reasons in the de-affiliation order and whether the principles of natural justice were upheld.

Ratio Decidendi: The Court emphasized that administrative decisions must be reasoned and consider responses from concerned parties, particularly given the serious consequences of de-affiliation.

Result: Petition allowed; de-affiliation order quashed.

JUDGMENT

Rekha Palli, J. (Oral)--The petitioner, which is affiliated with the respondent no. 1, has approached this Court seeking the following reliefs:

    "(a) Issue a writ of certiorari and quash the order dated 24.11.2020 passed by the Respondent No.1 by which the Petitioner has been de-affiliated; and

    (b) Issue a writ of mandamus and direct the Respondent No.1 to forthwith restore the affiliation of the Petitioner for 2 units each in Electrician; Fitter; Health Sanitary Inspector and Computer Hardware & Network Maintenance Trades from academic session 2021-22 and to communicate the said status to the Respondent No.2; and

    (c) Issue a writ of mandamus and direct the Respondents to permit the Petitioner to admit trainees for academic session 2021-22 and to take all necessary and consequential steps in this regard including providing access to their online portals and to reflect the name of the Petitioner in the category of ITI' s entitled to take admissions; and

    (d) Pass any other and further order(s) as may be deemed fit."

2. Learned counsel for the petitioner submits that the impugned order dated 24.11.2020 de-affiliating the petitioner institute is wholly cryptic having been passed without furnishing any reason whatsoever. He however submits that in any event, the respondent no. 1 has mechanically accepted the inspection report submitted by the respondent no. 2 without dealing with the petitioner's plea that on 28.02.2020 when the inspection of the petitioner institute was carried out, the same was a restricted holiday and since the petitioner institute was observing it as a holiday, most of its staff members were not present in the institute. He therefore, submits that the impugned order be set aside on this ground alone.

3. The petition is vehemently opposed by both the respondents. Mr. Virendra Pratap Singh, learned counsel for respondent no. 1, has vehemently urged that in view of the deficiencies noted in the inspection report forwarded by respondent no. 2, the respondent no. 1 was justified in passing the impugned order of de-affiliation against the petitioner. He submits that although the impugned order does not contain any reason for de-affiliation, detailed reasons in nature of deficiencies are explicitly noted in Annexure I to the impugned order. He, therefore contends that the impugned order cannot be said to be an unreasoned order. Learned counsel for respondent no. 2 also supports the impugned order and contends that the inspection report relied upon by respondent no. 1 was based on a surprise inspection of the petitioner institute. The respondent no. 2 cannot be faulted for carrying out inspection on 18.02.2020 when it was admittedly never informed by the petitioner that it was adopting the said `restricted holiday' as a holiday in its institute.

4. Having considered the submissions of learned counsel for the parties, even though I am unable to agree with the petitioner's plea that the impugned order does not contain any reasons for de-affiliation, it is trite law that an order passed by an authority has to be read alongwith the annexure which form an integral part thereof. Once Annexure I to the impugned order clearly sets out the deficiencies found in the petitioner institute, it cannot be said that the impugned order is cryptic or is unreasoned. I however find that even though based on the inspection report forwarded by the respondent no. 2, the respondent no. 1 had issued a Show Cause Notice dated 27.07.2020 to the petitioner which was duly replied to, the respondent no.1 has proceeded to pass the impugned order without even dealing with any of the detailed submissions made by the petitioner in its reply to the show cause notice. I therefore find merit in the petitioner's plea that the impugned order is not only violative of the principles of natural justice but is even otherwise arbitrary.

5. Learned counsel for the respondent no.1 has not been able to give any justification for the respondents' fai

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top