Affects Education Of Students Of Institution: Rajasthan HC Sets Aside Order Reducing Grants In Aid Of Institutions

The Court was hearing three Civil Writ Petitions by a common order as the facts and issues involved are the same.

The bench of Justice Avneesh Jhingan observed, “…it is evident that the for changing the category and reducing the Grant-in-aid, the petitioner was neither issued a show cause notice nor supplied reasons for doing so. The order passed is in violation of principles of natural justice and the procedure prescribed in Rule 18.”

Advocate Ajit Maloo appeared for the Appellant and Deputy GC Aditya Singh appeared for the Respondent.

Brief Facts-

The facts in one of the Writ Petitions is that the petitioner is running a Government aided Educational Institution for undergraduate and Post Graduate Courses. The Petitioner was granted 90% aid. In the meeting of the Committee for Grant-in-Aid exercising power under Section 13(3) the grant-in-aid of forty-six institutions was reduced from 90% to 80%. In pursuance of the meeting, the category of Petitioner-institution was changed to Grade A thereby reducing the grant-in-aid to 80%.

The Court observed, “The change of category and reduction of the grant-in-aid has civil consequences and effect the education of students of institution.”

The Court said that it is settled law that even while passing an administrative order has civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.

The Court quashed the impugned order and minutes of the meeting and allowed the Writ Petition.