AI Structured Summary
Not yet generated for this judgment
Judgment
Sachin Shankar Magadum, J
Learned AGA is directed to accept notice for respondent Nos.1 to 3.
In view of urgency involved in the case on hand, with the consent of learned counsels on record, this matter is taken up for final hearing.
The petitioner - Sri.Rama Mandira Trust with a view to establish a school from 1st standard to 10th standard in the name of Silver Valley Primary and High School applied for permission to 3rd respondent by remitting necessary fees. The petitioner having submitted an application through on-line, however, found that there are conflicting status web-hosted and therefore, the petitioner was compelled to submit a representation. While the petitioner approached the respondent and brought to the notice, respondent No.3 rejected the application on the ground that enclosures annexed to the application are found to be not legible. The second ground for rejection is that the petitioner - institution have not furnished the conversion order and approval of building sanction plan.
Heard learned counsel appearing for the petitioner and learned AGA.
Learned AGA has raised objection in regard to the maintainability of the captioned writ petition on the ground that the petitioner has efficacious remedy of an appeal.
The said objection is over-ruled as the order under challenge is found to be cryptic and the same indicates non-application of mind by respondent No.3 - Authority. The impugned endorsement also suffers on the ground of violation of principles of natural justice. The deficiencies if any were notified to the petitioner - Institution.
On examining the order under challenge, this Court would find that respondent No.3 has not even afforded an opportunity to the institution to rectify deficiencies as indicated in the impugned order. Therefore, this Court is of the view that respondent No.3 has superficially dealt with the petitioner's application and the same is rejected in the gross violation of principles of natural justice as the petitioner - institution was never summoned to rectify the deficiencies.
Therefore, the impugned order passed by respondent No.3 as per Annexure - F is not sustainable and is liable to be quashed.
For the above said reasons, I pass the following;
ORDER
(i) The Civil Petition is allowed.
(ii) The impugned endorsement bearing No.ANU5/KHA.SHAPROU.SHA. NO.07/2023-24 dated 15.05.2023 issued by respondent No.3 vide Annexure - F is hereby quashed.
(iii) Respondent No.3 shall notify the petitioner - institution in regard to deficiencies and the petitioner - institution is also at liberty to furnish the copy of the order passed by this Court and shall also rectify the deficiencies indicated in the order under challenge.
(iv) Respondent No.3 shall expedite and consider the petitioner's claim in accordance with law within a period of two weeks.