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2023 MarsdenLR 1464
HIGH COURT MALAYA KUALA LUMPUR
JAWATANKUASA PEMBINAAN SEMENTARA & ORS – Appellant
Versus
KETUA SETIAUSAHA KEMENTERIAN PENDIDIKAN MALAYSIA & ORS – Respondent
[Judicial Review Application No: WA-25-26-01/2022]
Procedural fairness requires decision-makers to provide reasons for their decisions, particularly when such decisions affect fundamental rights.
Headnote:This judgment concerns an application for judicial review regarding a stop work order issued by the Minister of Education against the construction of a proposed school. The Court finds that the stop work order lacked sufficient reasoning, violating procedural fairness and the principles of natural justice, resulting in a quashing of the decision. The Court holds that the applicants may proceed with the construction in accordance with previous approvals.
| Table of Content |
|---|
| 1. overview of the applicants' case and approvals for the school. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details on the stop work order issued against construction. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. judicial review application process and directions from the court. (Para 13 , 14 , 21 , 22) |
| 4. allegations by the resident association resulting in the stop work order. (Para 18 , 19 , 20 , 23) |
| 5. discussion on procedural fairness and the requirement of reasons. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 6. findings and conclusions leading to the quashing of the decision. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
The Applicants' Case
[1] The 1st applicant is an interim committee ("the Committee") for the construction of a school known as SJKC Too Joon Hing ("the proposed School"). The Committee is approved by the Deputy Minister of Education vide her letter dated 14 June 2019. The 2nd applicant is the chairman of the Committee.
[2] The Minister of Education, the 3rd respondent, had approved the construction of the School and nine other schools vide his letter dated 26 October 2017. The letter inter alia states as follows:
... Kementerian Pendidikan Malaysia (KPM) meluluskan permohonan 10 buah SJKC baharu (seperti Lampiran A)...
According to Annexure A, the approval of the proposed School is on the condition that it is to be located in Dengkil, Sepang, Selangor.
[3] Pursuant to the approval, the Selangor Education Department conducted a survey on the demands of SJKC in Selangor. The survey was completed in March 2019. According to the report, the construction of the proposed School would ease the pressure on existing SJKCs. The report states inter alia as follows:
PENGENALAN
[1] SJKC Too Joon Hing adalah SJKC baharu yang diumumkan oleh KPM.
[2] Kawasan penempatan di sekitar adalah agak padat dengan kemunculan projek baharu bangunan kediaman bertingkat di persekitaran Bukit Jalil dan juga Bandar Kinrara.
ULASAN JPN SELANGOR
JPN Selangor tiada halangan bagi pembinaan SJKC baharu di tapak yang dicadangkan. Ini kerana SJKC Too Joon Hing akan menjadi Sekolah Kerajaan dan tapak yang dipohon juga adalah milik PTP. SJKC berhampiran juga sangat padat. Semoga dengan pembinaan SJKC Too Joon Hing ini akan dapat memberi manfaat kepada penduduk setempat.
[4] The 1st applicant then proceeded with the technical drawings of the proposed School, which were later submitted to the Education Ministry for evaluation. In a letter dated 19 September 2019 addressed to the Director of Education, Selangor, the Ministry informed that it had no objection to the drawings prepared by the consultants provided that they were approved by the relevant local government authority.
[5] In a letter dated 1 July 2020, the Selangor Director of Education informed the 1st applicant that the Registrar General of Educational Institutions and Teachers had given approval to the application for the construction of the proposed School on the land known as HDS 160756 PT 3418, Puchong, Selangor ("the said Land"). The letter inter alia says:
Sukacita dimaklumkan bahawa Ketua Pendaftar Institusi Pendidikan dan Guru telah memberikan kelulusan terhadap permohonan di atas daripada Pengerusi Jawatankuasa Pembinaan Sementara SJKC Too Joon Hing (JPS SJKCTJH) pada 14 Mei 2020 melalui Nota [KPM.BPPDp.S.200-1/2/55 JLD.2(1)] bertarikh 8 Mei 2020.
[6] After having obtained the necessary approvals from the local authority, the applicant engaged a construction company ("the contractor") to commence the construction of the proposed School. The contractor then proceeded with the construction of Phase 1 of the proposed School. The 1st applicant had made progress payments to the contractor in accordance with the certification made by the architect.
[7] As of 27 October 2021, the contractor had completed the "excavation works, breaking of rocks, removal of earth from site, wash through and drainage at the entrance site". The 1st applicant had paid the contractor a sum of RM156,72
