ST STEPHENS SCHOOL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter contained in memo no.60 dated 10.01.2013, issued by the Director (Secondary Education) cum Joint Secretary, Human Resources Development Department, Government of Jharkhand (respondent no.2), whereby no objection certificate of the petitioner earlier granted vide Directorate Letter No. 2524 dated 07.10.2004 has been cancelled and recommendation has been made to the CBSE to terminate the affiliation of the petitioner-School.

(2.) The factual background of the case as stated in the present writ petition is that the petitioner-School is situated on the portion of the land pertaining to holding no.209 measuring total area of 19.02 acres in village Cantonment P.S and District Hazaribag having nature of Khas Mahal land. The land was settled to Doublin University Mission (Now Chotanagpur Diocesan Trust Association) through a registered lease deed in the year 1918. The lease was renewed in the year 1948 for further ninety years subject to renewal in every thirty years. The petitioner through its Secretary requested the Trust to establish an English medium school on the portion of the leasehold land of the Trust which was accepted and the school was established. After 30 years, the Trust applied for renewal of lease vide Renewal Case No. 115/77-78, but the Deputy Commissioner Hazaribag (respondent no. 3) passed an order of resumption of 17.57 acres of land and only 1.45 acres of the lease hold land was left out for the use of the petitioner. The Deputy Commissioner Hazaribag (respondent no. 3) directed the petitioner to deposit an amount of Rs.9,37,500/- as Salami for the land measuring 0.62 acres on account of the same being used for commercial purposes. The petitioner, thereafter, filed Khas Mahal Revision Case No. 10 of 1997 before the Divisional Commissioner, North Chotanagpur Division, Hazaribag which was disposed of vide order dated 25.09.1999 by quashing the order of resumption passed by the respondent no. 3 and the matter was remanded for fresh decision in the matter. When the respondent no. 3 did not comply the order of the Divisional Commissioner, the petitioner filed writ petition being W.P.C No. 2353 of 2003 which is still sub-judice before this court. Thereafter, the respondent-State filed appeal before the Member, Board of Revenue being Case No. 14 of 2006 which was disposed of on 17.08.2007 whereby the order of the Divisional Commissioner was set aside and the matter was remanded to the respondent no. 3 for deciding the matter afresh. During the pendency of the renewal application of the land, the petitioner applied for no objection certificate before the Director, Secondary Education Department, Government of Jharkhand (respondent no. 2) which was duly granted vide memo no. 2524 dated 07.10.2004 and accordingly, the affiliation to the petitioner-school was also granted by the CBSE for the students of class X for appearing in the Board Examination. Suddenly, a letter contained in memo no. 60 dated 10.01.2013 was issued by the respondent no.2, whereby the no objection certificate granted to the petitioner vide memo no. 2524 dated 07.10.2004 was cancelled and a recommendation was made to the CBSE to terminate the affiliation of the petitioner school. During the pendency of this writ petition, the CBSE withdrew the affiliation of the petitioner vide letter dated 28.02.2013, however in view of the order dated 08.02.2013 passed by this court, the affiliation was resumed vide letter no. CBSE/Affli./ 3430193/ 2013/ 544252 dated 02.04.2013. Further, vide order dated 06.04.2013, the provisional affiliation of the petitioner upto Secondary School (Class X) was extended for further five years w.e.f. 01.04.2014 to 31.03.2019.

(3.) The learned senior counsel appearing on behalf of the petitioner submits that the order of cancellation of the no objection certificate has been passed in violation of the principle of natural justice, as no show cause notice has been served to the petitioner before passing the impugned order. It is further submitted that the matter of renewal of the lease of the land is still sub-judice before this court and as such, the no objection certificate granted in favour of the petitioner cannot be cancelled. It is also submitted that due to the arbitrary action of the respondent, the future of about 1400 students including teaching and nonteaching staffs of the school is in jeopardy.