SAI EDUCATIONAL SOCIETY Vs. STATE OF A P

JUDGEMENT

(1.) As similar questions of fact and law are involved in these two writ petitions, it is necessary to dispose of them by a common order. Both the institutions are private educational institutions running junior colleges. On allegations that the colleges are involved in scholarship scam and that the Principal and the management forged the signatures of concerned Mandal Revenue Officers and also ineligible students, the Commissioner & Secretary, Board of Intermediate Education, the third respondent herein, by the impugned order dated 17-5-2003 disaffiliated and de-recognised both the colleges. The orders passed by the third respondent are challenged in these writ petitions. The events leading to filing of the writ petitions are almost similar. Therefore, the allegations and facts in W.P.No.10481 of 2003 may be noticed. The first petitioner, Sri Sai Educational Society, is running the second petitioner college, Little Flower Junior College since 1993-94 after obtaining provisional permission/affiliation from Board of Intermediate Education vide proceedings dated 17-11-1993. The third respondent, by an order in Rc.No.89/E1-3/93-94, dated 7-2-2002 directed the Secretary & Correspondent of the college to show cause why the college shall not be disaffiliated for misappropriation of post-Matric scholarships of Scheduled Caste students. It is alleged in the show cause notice that the management of the college has claimed scholarships by producing bogus caste certificates during 1998-99, 1999-2000 and 2000-2001, that the management forged the signatures of Mandal Revenue Officers with the aim of misappropriating the scholarship amounts granted to the students belonging to Scheduled Caste and that as per the directions of the Commissioner of Social Welfare, District Collector (Social Welfare), Nalgonda requested the third respondent to cancel the recognition granted in favour of the college. The petitioners allege that the said show cause notice dated 7-2-2002 was issued at the behest of the Commissioner of Social Welfare and that they were not aware of any enquiry.

(2.) By a letter dated 20-2-2002, the Correspondent of the college submitted explanation stating that students were admitted on the basis of caste certificates issued by the Revenue authorities and that they have nothing to do with the same. He stated that it is the duty of the Assistant Social Welfare Officer to scrutinize the applications for grant of scholarships. Not satisfied with the explanation submitted by the college, the third respondent again issued another notice dated 26-3-002. The Correspondent of the college submitted explanation reiterating earlier explanation. Dissatisfied with the explanation submitted by the college, by Proceedings in Rc.No.89/E1-3/94-95, dated 30-5-2002, the third respondent cancelled the affiliation. Feeling aggrieved by the proceedings dated 30-5-2002, the petitioners approached this Court by filing writ petitions being W.P.Nos.11526 and 11531 of 2002. This Court, by order dated 13-8-2002, (reported in SRI SAI EDUCATIONAL SOCIETY, SURYAPET, NLGONDA v. STATE OF A.P.) allowed the said writ petitions holding that principles of natural justice have been violated.

(3.) This Court also made it clear that if the third respondent wants to proceed with disaffiliation of the petitioner colleges, it is open for them to give fresh show cause notice with specific allegations and to take appropriate action according to law. As observed by this Court, the third respondent issued another show cause notice dated 20-12-2002 framing six charges and calling for the explanation of the management. By letter dated 20-1-2003, the Correspondent of the College submitted a detailed explanation to the charges levelled against them. It was alleged in the explanation that the report of the District Collector dated 8-1-2002 and another report of the Commissioner of Social Welfare dated 29-10-2002, were not supplied to them along with the show cause notice dated 20-12-2002. It was also alleged that no opportunity of personal hearing was afforded to the petitioners to defend their case. After considering the explanation dated 20-1-2003, the third respondent passed the impugned orders dated 17-5-2003 cancelling the affiliation granted to the petitioner colleges.