Case Note & Summary
The petitioner, Suresh Eknath Kudalkar, a Scheduled Caste candidate, was appointed as Shikshan Sevak at Vasudevanand Saraswati Vidyalaya, Mangaon, for a period of three years from 6 July 2015 to 5 July 2018. The Education Officer (Secondary) initially refused approval, but the Bombay High Court in Writ Petition No. 14194 of 2016 directed the Education Officer to grant approval, which was done on 1 September 2016. Subsequently, the Deputy Director of Education, Kolhapur, by order dated 5 November 2019, cancelled the individual approval without issuing any show cause notice or affording an opportunity of hearing to the petitioner. The petitioner challenged this cancellation. The court found that the cancellation order was passed in violation of principles of natural justice as the petitioner was not heard before the adverse order. The court set aside the cancellation order and restored the approval, directing that the petitioner be treated as having been validly appointed as Shikshan Sevak from the date of his initial appointment.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Approval - Audi Alteram Partem - The Deputy Director of Education cancelled the individual approval granted to the petitioner's appointment without issuing any show cause notice or giving an opportunity of hearing - Held that such cancellation without hearing the affected party is violative of principles of natural justice and cannot be sustained (Paras 4-6).
Issue of Consideration
Whether the cancellation of the individual approval granted to the petitioner's appointment as Shikshan Sevak by the Deputy Director of Education without affording an opportunity of hearing to the petitioner is sustainable in law.
Final Decision
The court allowed the writ petition, quashed the order dated 5/11/2019 passed by respondent No.4, and directed that the petitioner be treated as having been validly appointed as Shikshan Sevak from the date of his initial appointment.
Law Points
- Natural justice
- audi alteram partem
- cancellation of approval without hearing
- procedural fairness
- administrative orders
Case Details
2022 LawText (BOM) (03) 45
Writ Petition No. 220 of 2022
Sunil B. Shukre, G. A. Sanap
Mr. Prashant Bhavake for the Petitioner, Mr. V. M. Mali, AGP for the Respondent-State
The State of Maharashtra and Others
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Nature of Litigation
Writ petition challenging cancellation of individual approval granted to appointment as Shikshan Sevak.
Remedy Sought
Petitioner sought quashing of order dated 5/11/2019 passed by Deputy Director of Education cancelling approval and restoration of approval.
Filing Reason
The Deputy Director of Education cancelled the individual approval granted to the petitioner's appointment without affording an opportunity of hearing.
Previous Decisions
Earlier, the Education Officer refused approval; the petitioner filed Writ Petition No. 14194/2016 which was allowed on 23/3/2017 directing grant of approval. Approval was granted on 1/9/2016.
Issues
Whether the cancellation of approval without hearing the petitioner violates principles of natural justice.
Submissions/Arguments
Petitioner argued that the cancellation order was passed without any show cause notice or opportunity of hearing, violating natural justice.
Respondent-State argued that the order was passed in accordance with law.
Ratio Decidendi
An order cancelling an approval without affording an opportunity of hearing to the affected party is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
In this writ petition the petitioner challenges the order dated 5/11/2019 passed by respondent No.4 Deputy Director of Education, Kolhapur, whereby respondent No.4 cancelled the individual approval granted by respondent No.5-Education Officer to the appointment of the petitioner as Shikshan Sevak.
It is not in dispute that before passing the impugned order, no show cause notice was issued to the petitioner nor any opportunity of hearing was given to him.
The impugned order, therefore, cannot be sustained and is liable to be quashed and set aside.
Procedural History
The petitioner was appointed as Shikshan Sevak on 6/7/2015. The Education Officer refused approval on 1/9/2016. The petitioner filed WP No. 14194/2016, which was allowed on 23/3/2017 directing approval. Approval was granted. Subsequently, the Deputy Director of Education cancelled the approval on 5/11/2019 without hearing the petitioner. The petitioner then filed the present writ petition on an unspecified date.
Acts & Sections
- Constitution of India: Article 226
