2019 (11) TMI 1826 - HC - Indian Laws

Dissolution of the Government of Meghalaya Department of Education - respondent CMJ University stood dissolved in exercise of power under Section 42(2) of the CMJ University Act of 2009 - HELD THAT - The Court was of the considered view that there was non-compliance with or breach of the fundamental procedural requirements as provided under Section 48 of the CMJ University Act of 2009 as well as that of the principles of natural justice and also the concept of the obligation of the administrative authorities to act fairly in issuing the show cause notices and the order of dissolution - in fact there was no depiction of the case as projected by the respondents in the writ petition. When the learned Single Judge provided that for the foregoing discussions , it is understood that the discussion would include the case projected by one party and the contrary case projected by the other party and upon giving a consideration to both the projections, a decision and adjudication be arrived thereon. As already pointed out that the case projected by the respondents in the writ petition i.e., the authorities under the State of Meghalaya were neither stated nor projected and hence it cannot be a case where because of foregoing discussions the Court arrived at a particular conclusion. Both the learned senior counsel for the parties arrived at an agreement that the judgment dated 16.07.2015 of the learned Single Judge be set aside and the matter be remanded back to the learned Single Judge for a fresh adjudication of the dispute. The matter stood remanded back to the learned Single Judge for a fresh adjudication, the interest of justice would require that the stay order dated 04.09.2017 of the Supreme Court should continue till the matter is in sesin of the learned Single Judge of the High Court of the Meghalaya. Appeal disposed off.

Summary

Issues involved: Show-cause notices, dissolution order under Section 42(2) of CMJ University Act of 2009 challenged in writ petition, appeal against judgment quashing the notices and order.

Judgment Summary:

Issue 1: Challenge to show-cause notices and dissolution order
The writ petition challenged show-cause notices and dissolution order under Section 42(2) of CMJ University Act of 2009. The Single Judge quashed the notices and order, leading to an intra-court appeal. The matter was transferred to Gauhati High Court by Supreme Court order in SLP(C) No.21890/2017 for expedited consideration.

Issue 2: Lack of consideration of respondent's case
The appellant contended that the Single Judge did not consider the case presented by the respondents, leading to a decision based solely on the petitioner's arguments. The Single Judge's decision was based on non-compliance with procedural requirements under Section 48 of the Act and principles of natural justice. Both parties agreed to set aside the judgment for a fresh adjudication.

Issue 3: Remand for fresh adjudication
The High Court agreed to remand the matter for a fresh adjudication by the Single Judge, without making any observations on the claims or issues raised by the parties. The Supreme Court's order required expeditious consideration, with a stay order continuing until the fresh adjudication. The interest of justice necessitated the continuation of the stay order during the proceedings before the Single Judge.

Conclusion:
The appeal was disposed of by remanding the matter back to the Single Judge for a fresh adjudication, with the records transmitted back to the High Court of Meghalaya. The parties were granted liberty to raise any issues during the fresh consideration by the Single Judge.