Violation of natural justice and non-application of mind in administrative decision-making

ORDER

1. Although, the matters come up on an application (1/2022 in SBCWP No.7709/2022) filed by the petitioner seeking early disposal of the stay application; however, since, these writ petitions share common facts and common question of law, on the joint requests of the learned counsels for the respective parties, the same were heard together on merit at this stage and are being decided vide this common order.

2. Under challenge in the writ petitions are the orders dated 02.05.2022 passed by the respondent No.2, the Commissioner, Commissionerate College Education, Rajasthan withdrawing the temporary/permanent No Objection Certificate (for brevity, ’NOC’) issued in favour of the petitioners-institutions from the Sessions 2022-23 as also the orders dated 17.06.2022 and 30.06.2022 whereby, the students of the petitioners-colleges are sought to be transferred to other colleges.

3. For the sake of convenience, S.B. Civil Writ Petition No.7709/2022 is taken as the lead case.

4. The facts in brief as revealed from the writ petitions are that the Jamway Educational Trust, a registered society under the Rajasthan Societies Registration Act, 1958, is running the petitioner-college which was granted temporary NOC by the respondent No.2 for running B.A. Course in Arts faculty vide order dated 23.04.2010 for the academic Sessions 2010-2011, 20112012 and 2012-2013 which came to be extended from time to time. Vide order dated 09.06.2015, the petitioner-college was granted permanent NOC.

5. Vide order dated 21.02.2022 passed by the Commissioner, Commissionerate College Education, permanent NOC granted in favour of the petitioner-institution was cancelled from the Academic Sessions 2022-2023. The order was assailed by the petitioner by way of a S.B. Civil Writ Petition No.4018/2022 which came to be disposed of by this Court vide order dated 13.04.2022 whereby, the respondents were given a liberty to pass a fresh reasoned order after affording the petitioner-institution an opportunity of hearing inasmuch as the order impugned dated 21.02.2022 was withdrawn by the respondents. Thereafter, a notice dated 21.04.2022 was served upon the petitioner requiring it to appear personally on 26.04.2022 alongwith written explanation. It is averred that the petitioner through its President/Secretary met the respondent No.2 in person and submitted a letter dated 24.04.2022 requesting therein to supply copies of the enquiry reports alongwith documents, part of the reports as the same were not submitted before this Court in the earlier round of litigation. It is also averred that a copy of the letter dated 24.04.2022 was also sent through registered post; but, without supplying the petitioner requisite documents and without affording it an opportunity of hearing, vide order impugned dated 02.05.2022, the permanent NOC has been cancelled with effect from the Academic Sessions 2022-2023. In the S.B. Civil Writ Petition No.10117/2022 and S.B. Civil Writ Petition No.10152/2022, the consequential orders, i.e., dated 17.06.2022 and dated 30.06.2022 seeking to transfer the students of the petitioners-institutions to other colleges, are also under challenge.

6. The respondents No.1 & 2 in their reply submitted that the order dated 02.05.2022 came to be passed on the basis of two enquiry reports wherein, the petitioner-institution was found guilty of grave irregularities. It is averred that several deficiencies and discrepancies were found by the respondents in the petitionercollege such as it did not have basic infrastructure like library, laboratories, drinking water, toilet, table, chairs and play ground etc. It is stated that students of two independent colleges i.e. Maharaja Hameer College & Jamway Kanya College were found to be studying in one building only and petitioners’ explanations that on account of heavy rain fall, the building got damaged and was under maintenance and repairs, was not found to be justified. With regard to the letter dated 24.04.2022, it is sta