Case Note & Summary
The petitioners, five individuals, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 18th November 2023 issued by the Principal of Government Polytechnic, Pune (respondent no.1). The order sought to cancel their admissions to a part-time diploma course in Engineering and Technology conducted by the Polytechnic under the directions of the Director of Technical Education (respondent no.3). The petitioners had applied for the course in 2019 based on the qualifications prescribed in the prospectus and were admitted. The impugned cancellation order was passed without any prior notice or opportunity of hearing to the petitioners. The court noted that the order was passed in violation of principles of natural justice. The court quashed the order and directed the respondents to consider the petitioners' case afresh after giving them an opportunity of hearing. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Admission - Opportunity of Hearing - The petitioners' admissions to a part-time diploma course were cancelled by the Principal without any prior notice or opportunity of hearing. The court held that the order was passed in violation of principles of natural justice and quashed the same, directing the respondents to consider the petitioners' case afresh after giving them a hearing. (Paras 2-6) B) Education Law - Admission Cancellation - Part-Time Diploma Course - The petitioners applied in 2019 based on qualifications prescribed in the prospectus and were admitted. The cancellation order was passed in 2023 without any show cause notice. The court found that the impugned order was passed without following due process and set it aside. (Paras 3-6)
Issue of Consideration
Whether the order cancelling the admission of the petitioners in the part-time diploma course in Engineering and Technology is valid when no opportunity of hearing was given to the petitioners before passing the order.
Final Decision
The petition is allowed. The impugned order dated 18th November 2023 is quashed and set aside. The respondents are directed to consider the case of the petitioners afresh after giving them an opportunity of hearing. Rule is made absolute. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- admission cancellation
- part-time diploma course
- engineering and technology
