THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 37391 of 2013 Date of Judgment: 17.12.2014 Between:
Holy Faith Minority Educational Society And …Petitioner Southern Regional Committee and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 37391 of 2013 ORDER:
Heard learned counsel for the parties.
The petitioner’s educational society applied to the first respondent for grant of recognition for running D.EL.Ed course. On the said application, the first respondent pointed out certain deficiencies and required the petitioner to rectify the same within 21 days by issuing a show-cause notice dated 16.5.2012. The petitioner claims that in response to the said show-cause notice, he rectified the deficiencies and sent a reply to the first respondent on 2.6.2012 by courier. Copies of the said reply and receipt of the courier are filed along with writ petition as Annexure-P4. However, the first respondent passed the impugned order dated 13.8.2012 rejecting the petitioner’s request for recognition on the ground that no reply was received from the petitioner showing the compliance of the deficiencies within 21 days from the date of show-cause notice. Aggrieved thereby, the present writ petition is filed.
One of the main contentions of the learned counsel for the petitioner is that the petitioner has complied with the deficiencies and sent a reply by courier on 2.6.2012 itself to the first respondent. The learned counsel has also produced a copy of the reply containing acknowledgement of the first respondent having received the said reply on 28.6.2012 and according to him, reply of the petitioner was available with the first respondent when the impugned order was passed.
Mr. K. Ramakantha Reddy, learned standing counsel for the respondents 1 and 2, on instructions, submits that no further orders were passed after receipt of the reply from the petitioner on 28.6.2012 and according to the petitioner, the reply was available with the first respondent within 21 days of the show-cause notice.
In the circumstances, therefore, the impugned order is set aside, the matter is remitted to the first respondent to consider the petitioner’s reply, as stated above, and pass appropriate orders on the said application after considering the facts and circumstances of the case, in accordance with law.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 17.12.2014 KR