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2019 (11) TMI 1826

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..... 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 proje .....

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..... tion order dated 31.03.2014 of the Government of Meghalaya Department of Education whereby the respondent CMJ University stood dissolved in exercise of power under Section 42(2) of the CMJ University Act of 2009 were assailed in the writ petition WP(C)No.177/2014 before the High Court of Meghalaya. By the judgment dated 16.07.2015 of the learned Single Judge in the said writ petition, the two show cause notices dated 12.11.2013 and 24.01.2014 as well as the order of dissolution dated 31.03.2014 were quashed and set aside. The present intra-court appeal had been preferred against the said judgment dated 16.07.2015. 3. We take note of that although the judgment of the learned Single Judge is from the High Court of Meghalaya but because of cer .....

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..... ted 11.12.2013 and 24.01.2014 are hereby quashed and set aside. 7. From paragraph 29, it is apparent that after depicting the case presented by the petitioner, CMJ University, the learned Single Judge took the view that for the foregoing discussions i.e. the contents up to paragraph 28, 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. Upon going through the judgment dated 16.07.2015 we are of the prima f .....

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..... at the Supreme Court in its order dated 13.08.2018 in SLP(C)No.21890/2017 had provided that the High Court at Guwahati was requested to take up the matter as expeditiously as possible, preferably within one year from the date of the order of the Supreme Court. It was further provided that till then the stay order dated 04.09.2017 granted by the Supreme Court would continue. 10. As we have given a final consideration to the appeal, but at the same time without deciding the rights of the parties, the matter stood remanded back to the learned Single Judge for a fresh adjudication, we are of the view that 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 th .....

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