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CHAKRADHARI SHARAN SINGH, MURAHARI SRI RAMAN
Sivanand Educational Trust For Social Advancement – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Murahari Sri Raman, J. -
The challenge:
1. Assailing legality and propriety of the decision taken in a meeting held on 13.03.2024 by the Apex Diploma Admission Committee under the Chairpersonship of the Principal Secretary to the Government of Orissa in the Skill Development and Technical Education Department to keep the admission in abeyance in respect of the Petitioner-Institute for the academic year 2024-25 for the 'Post Diploma Course in Industrial Safety' ('PDIS', for short), which was communicated to the Petitioner through Letter No. 4540, dated 22.03.2024 issued by the Directorate of Technical Education and Training, Odisha, the petitioner has approached this Court by way of this writ petition invoking provisions of Article 226/227 of the Constitution of India.
The facts:
2. Relevant facts leading the petitioner to come up before this Court, as appears from the pleading of the writ petition are that the petitioner-Trust had applied for affiliation to impart PDIS course in accordance with the guidelines laid down by the Opposite Parties in this regard in the year 2009. After due inspection of the Institute established by the petitioner, it was recommended by the inspecti
Administrative authorities must provide cogent reasons for their decisions, particularly when such decisions impact the rights and opportunities of individuals, to ensure fairness and accountability.
The show cause notice should specify the proposed punishment, and the order must provide reasons, as per the principles of natural justice.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
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