Shaji P. Chaly, J.:— Petitioner is the Managing Trustee of M/s. Arya Vaidyasala in Malappuram District. The Ayurveda College was initially established in the year 1900 by an Arya Samajam. Two seats enjoyed by the petitioner in the P.G course is now cancelled by the Government as per Ext.P8 order dated 5.10.2016 and the said order is passed without hearing the petitioner. These are the background facts projected by the petitioner in order to file this writ petition and seek appropriate reliefs.
2. Heard learned counsel for petitioner, learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.
3. Learned counsel for petitioner submitted that Ext.P8 order is passed by the respondents without providing an opportunity of hearing to the petitioner and therefore, the same is arbitrary and irrational.
4. When the matter came up for admission, learned Government Pleader was directed to take instructions as to whether Ext.P8 order is passed by the respondents after hearing the petitioner or any representatives of the college. Learned Government Pleader on instructions submitted that, the impugned order is passed without providing an opportunity of hearing either to the Managing Trustee or any representatives of the college.
5. In that view of the matter, I am of the considered opinion that, the facility enjoyed by the petitioner was taken away by the respondents without providing an opportunity of hearing to the petitioner. Therefore, the same is arbitrary and illegal and liable to be interfered by this court under Article 226 of the Constitution of India. Therefore, the writ petition is allowed and Ext.P8 order is set aside. Consequentially, 1st respondent is directed to take a decision in the subject matter after providing an opportunity of hearing to the petitioner or any of his representative within two months from the date of receipt of a copy of this judgment. The contentions raised in the writ petition on all the legal issues are left open.
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