Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 27 OF 2011
[Arising out of SLP(C) No.21567/2010]
SHIVAGANGAGIRI VIDYABIRUDDI
SAMSTE
.......APPELLANT
Versus
STATE OF KARNATAKA & ORS. .....RESPONDENTS
O R D E R
Leave granted.
2. The appellant gave a representation to the State
Government for permission to establish a Junior college.
The State Government, by order dated 3.8.1985, permitted
the appellant to establish a Junior college from the
academic year 1985-86.
3. Appellant claims that in pursuance of the said order,
it has established and been running a Junior college. When
the appellant applied for grant-in-aid, on the basis of an
inspection made, the Government came to the conclusion that
the appellant had not established the junior college prior
to 1.6.1987. As a consequence, by order dated 7.10.1999, it
held that as the Junior college was not started prior to
1.6.1987, the permission granted on 3.8.1985 lapsed.
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4. However, on a subsequent inspection report dated
24.8.2000, the State Government made an order dated
1.1.2002 by which the cancellation order dated 7.10.1999
was withdrawn and the earlier order dated 3.8.1985 granting
permission was revived. Administrative and educational
approval to the said college was also granted from 1985-86.
5. Thereafter, the Government by order dated 21.9.2002
cancelled the order dated 1.1.2002 with immediate effect
and sanction was accorded to the appellant’s Pre-University
college only from the academic year 2002-03. The said order
was passed without giving any opportunity to show cause to
the appellant. In the circumstances, the appellant made
several representations to the Government. The matter was
under consideration by the Government and there was a
direction by the Chief Minister to re-validate the order
dated 1.1.2002. In fact the Director, Pre-University
Education, by communication dated 14.12.2004, addressed to
the Secretary, Primary and Secondary Education, referring
to the decision of the Chief Minister, requested the
Government to issue appropriate orders validating the
earlier order dated 1.1.2002. The appellant therefore
waited for a reasonable period hoping that appropriate
orders will be passed. Ultimately, as no order was issued,
the appellant filed a writ petition in the year 2007 for
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quashing the order dated 21.9.2002 and seeking
implementation of the order dated 1.1.2002. The said writ
petition was dismissed on 6.6.2007. The writ appeal filed
by the appellant was dismissed by the impugned order dated
15.6.2010, on the ground that the writ petition was filed
belatedly.
6. Firstly, it has to be noticed that there was no delay
or laches on the part of the appellant in filing the writ
petition. The order dated 21.9.2002 was not passed after
giving an opportunity to the appellant. Secondly, when the
appellant came to know about it, he gave representations
and the matter was under consideration and in fact a
communication was addressed on 14.12.2004 by the Director,
Pre University Education for revalidation of the order
dated 1.1.2002. It was evident that the appellant was
waiting issuance of appropriate orders in pursuance of it.
Only when the Government order dated 1.1.2002 was not re-
validated in spite of the communication dated 14.12.2004,
it filed the writ petition. Hence, dismissal on the ground
of delay and laches cannot be sustained.
7. Valuable rights had accrued to the appellant by reason
of the order dated 1.1.2002 which revived the earlier order
dated 3.8.1985 thereby granting permission to the appellant
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to establish the Junior college from 1985-86. Such an
order, obviously, could not be withdrawn without any show
cause notice or giving an opportunity to the appellant to
show cause. In fact, having regard to the provisions of
the Karnataka Education Act, 1983, an opportunity to show
cause is required before withdrawal of any permission. In
the circumstances, the order dated 21.9.2002 being opposed
the principles of natural justice cannot be sustained. The
appellant has to succeed on this limited ground.
8. We, therefore, allow this appeal, set aside the order
dated 15.6.2010 of the Division Bench and the order dated
6.6.2007 of the learned Single Judge and allow the writ
petition filed by the appellant before the High Court and
quash the order dated 21.9.2002. As a consequence, the
order dated 1.1.2002 will continue to be in force. We make
it clear that the State Government, if it still wants to
take any action with reference to the order dated 1.1.2002,
may do so after giving due opportunity to the appellant to
show cause in the matter. We have not expressed any
opinion on the merits of the matter and this order is made
only on the ground that principles of natural justice were
violated in issuing the order dated 21.9.2002.
.....................J.
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( R.V. RAVEENDRAN )
New Delhi; ....................J.
January 04, 2011. ( A.K. PATNAIK )