LAXMI EDUCATION TRUST Vs. DIRECTOR SOCIAL WELFARE DEPTT

JUDGEMENT

(1.) By means of this petition, the petitioner trust has sought for quashing and setting aside the orders 2nd February, 1999 and 20th March, 1999 passed by the respondent no. 3 Secretary, Social Justice and Empowerment Department and Minister of Social and Welfare Department.

(2.) The petitioner is a registered public Trust. The petitioner Trust was granted permission and recommendation for running Ashram Shala for the students of SC/ST and socially backward class. The petitioner trust was also running a primary school from standard 1st to 7th and the hostel for the students. The petitioner trust applied on 11.5.98 to the District Collector for allotting 10 acres of land of survey no. 156 of village Karai, Dist: Gandhinagar to the petitioner trust for running an Ashram Shala on the basis of the circular issued by the District Collector. The Deputy Director, Social Welfare Department also recommended to the Collector, Gandhinagar for allotment of the said land by his letters dated 30.6.98 and 27th August, 1998. The premises of the Shala was inspected by the Inspection squad of Directorate of Social Welfare Department. Thereafter, a show cause notice was issued on 11.9.98 to the petitioner by the Director of Social Welfare Department as to why the recognition of the Ashram Shala should not be cancelled and why grant given to the petitioner to run the Ashram Shala should not be reduced from the admissible grant. Pursuant thereto, the petitioner filed a reply on 3.10.98 to the show cause notice giving complete details of the explanation in respect of the alleged irregularities found in the premises of the petitioner trust. Another show cause notice was issued on 21st November, 1998 to the petitioner by the Section Officer, Social Welfare Department asking the petitioner to remain present for personal hearing. The petitioner also submitted the reply on 24.11.98 to the show cause notice dated 21st November, 1998. The petitioner remained present before the Deputy Secretary with all records and produced all relevant papers before him. By the order dated 2nd February, 1999 the Deputy Secretary cancelled the recognition of the Ashram Shala without assigning any reasons regarding the explanation given by the petitioner. The petitioner therefore, made a representation on 3rd Febraury, 1999 to the Minister concerned for continuing the recognition of the Ashram Shala and that representation has also been rejected by the order dated 20.3.99 of the Section Officer of Social Justice and Empowerment Department. Hence, the petitioner has filed the present petition.

(3.) The contention of the learned counsel for the petitioner is that the petitioenr was never given the inspection report, nor a copy of the recommendation of the Deputy Director and the Additional Secretary and without considering the reply, its recognition has been cancelled. It is also stated that some additional ground was considered by the Director for recommending the withdrawal of the recognition which was not stated in the show cause notice. A copy of the report given by the Director of Social Welfare Department was not furnished to the petitioner. Hence the petitioner was not able to know as to on what grounds the Director has disbelieved the explanation tendered by the petitioner and on what grounds the Director has recommended the cancellation of the recognition of the Ashram Shala of the petitioner. Non-supply of the report of the Director, Social Welfare Department, amounts to denial of opportunity of hearing, which is violative of principles of natural justice. In the impugned order, the Director has also held that under the Rules, the petitioner is required to have its own building and that was none of the grounds mentioned in the show cause notice and the petitioner was never asked to give an explanation regarding purchase of the land and the construction of the building thereon. The petitioner has already moved the District Collector by a letter dated 11.5.98 for the allotment of 10 acres of land of survey no.156 of village Karai to the petitioner. The Deputy Director, Social Welfare Department has also recommended by his letter dated 30.6.98 to the District Collector for the allotment of such land, but the land has not been allowed and the petitioner was not able to construct its own building on the said land. The matter regarding allotment of land was pending before the District Collector and that has not been considered by the respondent no. 3 while cancelling the recognition of the Ashram Shala. The contention of the learned counsel for the petitioner is that the action of the respondents is illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution of India. According to him, had the petitioner been given a reasonable time to make good the irregularities found by the Inspection Squad, within a period of few days, irregularities could have been removed and it would not have remained in existence.