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2014 DIGILAW 1182 (MP)

Malwa Vanaspati And Chemical Co. Ltd. v. State Level Committee

2014-09-22

JARAT KUMAR JAIN, SHANTANU KEMKAR

body2014
JUDGMENT 1.With consent, heard finally. 2. Though this petition under Article 226 of the Constitution of India, the petitioner has challenged the decision of the State Level Committee taken on 10.03.2014 intimated to the petitioner vide letter dated 11.07.2014 (Annexure P/1) informing therein that the State Level Committee has decided not to take any decision on the applications for issue of permanent eligibility certificate, as there is no direction of the Hon'ble High Court in the case of the petitioner. 3. According to the learned counsel for the petitioner, the impugned order is illegal, bad in law and is violative of principles of natural justice, as no opportunity of hearing was afforded by the State Level Committee to the petitioner before taking the said decision. He submits that the decision of refusal to grant eligibility certificate is arbitrary and is not sustainable. 4. Ms. Mini Ravindran, learned Deputy Government Advocate, on the other hand, supported the impugned decision. Having considered the submissions made by the learned counsel for the parties, we find that before taking the impugned decision, the State Level Committee has not afforded any opportunity of hearing to the petitioner. 5. In the circumstances, we allow this petition by setting aside the impugned decision dated 10.03.2014 communicated to the petitioner vide letter dated 11.07.2014 (Annexure P/1) directing the State Level Committee to reconsider the petitioner's case afresh and take appropriate decision on the petitioner's prayer, in accordance with law, after giving reasonable opportunity of hearing to the petitioner by passing a reasoned order. 6. Let the decision, as aforesaid, be taken by the State Level Committee within six months from the date of receipt of copy of this order. C. c. within two days.