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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, S.S.MISHRA
Utkal Jyoti Educational Society, Jharsuguda – Appellant
Versus
Joint Director (FCRA), Ministry of Home Affairs – Respondent
Headnote: Read headnote
ORDER :
1. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
2. Heard Mr. Sidhartha Ray, learned Senior Advocate appearing for the petitioner and Mr. P.K. Parhi, learned Deputy Solicitor General of India appearing for the opposite party.
3. This writ petition has been filed by the petitioner Utkal Jyoti Educational Society, Jharsuguda challenging the orders dated 20.01.2023 and 21.05.2025 passed by the Joint Director (FCRA), Government of India, Ministry of Home Affairs, Foreigners Division, the opposite party under Annexures-1 and 2 respectively.
4. The factual scenario as it appears that the petitioner society/association was granted registration certificate on 10.11.1990 under Society Registration Act and accordingly, it was registered under the Foreign Contribution (Regulation) Act, 2010 (hereinafter, ‘FCRA Act’) and it is stated that the association was engaged in administrating the Educational and Training Institutions and related establishment and to conduct training courses, seminars, lecturers, discussions for students,
The authority can refuse renewal of FCRA registration based on safety concerns without violating natural justice, as supported by inquiry findings.
An appeal under Section 31(2) of the FCRA, 2010 is not maintainable for the rejection of a renewal application under Section 16; the proper remedy lies in filing a revision under Section 32.
An appeal under Section 31(2) of the FCRA, 2010 is maintainable against the rejection of a renewal application, emphasizing the necessity for clear reasoning in rejection orders.
The main legal point established in the judgment is the necessity of following due process, including issuing a show cause notice under Section 14, before directing suspension of the FCRA certificate....
The requirement for a personal hearing before the cancellation of registration under the FCRA is essential when the consequences are severe, as outlined in Section 14(2) of the Act.
The court interpreted the provisions of Section 13(2) of the FCRA to allow utilization of foreign contribution held in fixed deposits, government bonds, etc. pending consideration of the cancellation....
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