Case Note & Summary
The petitioner, Murlidhar Limbaji Mapari, was appointed as an untrained teacher in various schools on temporary basis between 1992 and 1996. He obtained a no objection certificate from the headmaster of Sant Tukaram Vidyalaya Dhanora and secured admission to the Bachelor of Education (B.Ed.) course at Yashwantrao Chavan Maharashtra Open University, Nashik for the academic years 1996-1998. He completed the course in May 1998. Based on this qualification, the Education Officer granted him permanent approval with effect from 06.07.1998. However, on 17.05.2000, the university issued a show cause notice proposing to cancel his admission and degree on the ground that he did not possess the requisite two years of teaching experience as a trained teacher. The petitioner responded to the notice, but the university did not take any further action for 18 years. In the meantime, the school terminated his services in 2001, which he challenged in Writ Petition No. 271 of 2002. That petition was disposed of with a direction to the university to decide the matter. Finally, on 14.08.2018, the university passed an order cancelling his admission and confiscating his B.Ed. degree. The petitioner challenged this order in the present writ petition. The court held that the university's inaction for 22 years amounted to acquiescence and the order was vitiated by delay and laches. The court also noted that the order was passed without giving any opportunity of hearing to the petitioner, violating principles of natural justice. The court quashed the order dated 14.08.2018 and directed the university to restore the petitioner's B.Ed. degree and admission.
Headnote
A) Administrative Law - Delay and Laches - Cancellation of Admission after 22 Years - University cancelled B.Ed. admission and degree of petitioner after 22 years on ground of ineligibility - Held that the university's inaction for such a long period amounts to acquiescence and the order is vitiated by delay and laches, causing prejudice to the petitioner (Paras 7-10). B) Natural Justice - Right to be Heard - Cancellation of Degree - University passed order cancelling admission and confiscating degree without giving any show cause notice or opportunity of hearing to the petitioner - Held that the order is in gross violation of principles of natural justice (Para 8). C) Education Law - Eligibility for B.Ed. Course - Requirement of Two Years Teaching Experience - Petitioner had only temporary appointments and not two years of continuous service as a trained teacher - However, university's failure to verify eligibility at the time of admission and subsequent inaction for 22 years disentitles it from cancelling the degree (Paras 5-10).
Issue of Consideration
Whether the university can cancel the admission and degree of a candidate after 22 years on the ground that he was not eligible for admission to B.Ed. course, especially when the candidate had completed the course and the university had not taken any action for a long period.
Final Decision
The court allowed the writ petition and quashed the order dated 14.08.2018 passed by the respondent No. 2-university. The court directed the university to restore the petitioner's B.Ed. degree and admission.
Law Points
- Delay and laches
- Acquiescence
- Natural justice
- Right to be heard
- Prejudice due to delay
- Ineligibility for B.Ed. course
- Cancellation of degree after long period
