The Patna High Court directed the respondent authorities to issue a show-cause notice to the petitioner before cancelling its permanent recognition. Pending the response, the withdrawal notification is kept in abeyance.
Status quo ante via stay of impugned order; respondent directed to issue show cause.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3898 of 2015
===========================================================
National Institute of Health Education and Research. Situated at IDH Colony, East of NMCH, Gulzarbagh, P.S.- Alamganj, Town/Dist - Patna. Through the Secretary, Dr. Umesh Prasad Gupta. Son of Late Deo Nath Gupta. Resident of Mohalla - IDH Colony, P.S.- Alamganj, Town/Dist - Patna.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Dr. Anand Kumar For the Respondent/s : Mr. GP14- M.K. Ambastha Mr. Subodh Kumar
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 11-09-2015
11.09.2015 After having a detailed hearing as well as perusing the materials produced on behalf of the petitioner and the respondent-State, this Court is not convinced that there was absence of which material which could lead to derogation of the institution by the respondent-authorities. The order is Annexure-1, dated 02.02.2015.
The Court intentionally does not delve into all the materials and details or makes any observation on these materials being conscious of the fact that the
Patna High Court CWJC No.3898 of 2015 dt.11-09-2015
2/3
petitioner has also filed a title suit which has been numbered as Title Suit No. 18 of 2015, pending before the court of Sub-Judge-III, Patnacity.
However, one submission of the counsel for the petitioner surely merits consideration. The institution in question was given temporary recognition in the year 1998-99, thereafter has been given permanent recognition and because of the reason of so called encroachment and construction on the land of NMCH, such a recognition has been unilaterally withdrawn vide Annexure-1, dated 02.02.2015. Petitioner is seeking quashing of the said notification.
Petitioner also submits that this is a unilateral action without any prior notice and opportunity of hearing to the petitioner. This position surely requires reconsideration.
Let the respondents issue a show-cause to the petitioner forthwith. Petitioner will be given a suitable time-frame to respond thereto as to why the permanent affiliation should not be cancelled in the given facts and circumstances and on the cause so shown by the petitioner a fresh order would be required to be passed.
Till such a decision, the order contained in Annexure-1 will be kept in abeyance.
Patna High Court CWJC No.3898 of 2015 dt.11-09-2015
3/3
Writ application stands disposed off with the
above direction and observation.
Before parting, it is made clear that this does not give a license to the petitioner to take any fresh admission in any manner. But, so far as the present batch is concerned, the State authority will surely consider as to what to be done with them. If they have completed their studies then mode or modalities for holding their examination will have to be worked out, because the students, who have finished their course of studies, should not suffer because of the present dispute.
(Ajay Kumar Tripathi, J.)
SKM/-
U
2 issues framed by the court
Whether the quashing of temporary recognition of an educational institution due to alleged encroachment without a prior notice and opportunity of hearing is valid.
Whether the petitioner should be given a show-cause notice before cancellation of permanent affiliation in given facts.
National Institute of Health Education and Research through the Secretary
The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar
The Director in Chief, Health Services, Bihar
The Deputy Secretary, Govt. of Bihar
The Collector, Patna
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
