Case Note & Summary
The petitioner, Shilpa Gorakh Chavan, a postgraduate in M.Sc. Botany (2018) and a national-level rifle shooter, sought admission to a Ph.D. program at Dr. Babasaheb Ambedkar Marathwada University. Since the University failed to conduct the Ph.D. Entrance Test (PET) from 2016 to 2021, the Vice Chancellor granted her admission as a special case on 24.01.2019. She joined on 22.03.2019, received research approval, completed a pre-Ph.D. course with A+ grade, submitted progress reports, pre-synopsis, final synopsis, and her thesis. Her viva-voce was conducted on 14.03.2022 via virtual mode. On 04.05.2022, she requested issuance of a notification for completion, but instead received a letter dated 06.06.2022 cancelling her admission. The petitioner challenged this cancellation under Article 226 of the Constitution. The court framed the issue of whether the cancellation without hearing violated natural justice. The petitioner argued that she was not given any show cause notice or opportunity to be heard before the adverse order. The respondents contended that the admission was irregular as it bypassed the PET requirement. The court held that the cancellation without affording an opportunity of hearing is patently illegal and violative of principles of natural justice. The impugned letter was quashed and set aside, and the University was directed to consider the petitioner's case afresh after giving her a hearing within eight weeks. The court did not express any opinion on the merits of the admission.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Admission - The University cancelled the petitioner's Ph.D. admission without issuing any show cause notice or providing an opportunity of hearing - Held that such cancellation is violative of principles of natural justice and cannot be sustained (Paras 7-9). B) Education Law - Ph.D. Admission - Vice Chancellor's Powers - Special Case Admission - The Vice Chancellor granted admission to the petitioner as a special case due to non-conduct of PET - The University subsequently cancelled the admission on grounds of irregularity - Held that the admission was granted by competent authority and the petitioner cannot be penalized for any alleged irregularity without hearing (Paras 3-6).
Issue of Consideration
Whether the cancellation of the petitioner's Ph.D. admission by the University without affording an opportunity of hearing is violative of principles of natural justice.
Final Decision
The impugned letter dated 06.06.2022 is quashed and set aside. The University is directed to consider the petitioner's case afresh after giving her an opportunity of hearing within eight weeks from the date of the order. No order as to costs.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to be Heard
- Administrative Action
- Cancellation of Admission
- Vice Chancellor's Powers
- UGC Regulations
