Case Note & Summary
The petitioner, Dr. Prashant Thakare, was appointed as a Lecturer in Molecular Biology at Amravati University. The Chancellor of the University passed an order on 10.07.2000 directing the Vice Chancellor to terminate the petitioner's appointment. The petitioner challenged this order by filing a writ petition seeking certiorari to quash the order. The High Court issued rule on 01.08.2000 with a status quo order. After hearing the parties, the Court found that the Chancellor's order was passed without affording any opportunity of hearing to the petitioner, violating principles of natural justice. Additionally, the Chancellor lacked jurisdiction under the Maharashtra Universities Act, 1994 to direct termination of an appointment made by the University. The Court quashed the impugned order and allowed the petition.
Headnote
A) Constitutional Law - Writ of Certiorari - Natural Justice - Audi Alteram Partem - The Chancellor's order directing termination of the petitioner's appointment was quashed as it was passed without giving the petitioner an opportunity of hearing, violating principles of natural justice. (Paras 1-10)
B) Service Law - Termination of Appointment - Jurisdiction of Chancellor - Maharashtra Universities Act, 1994 - The Chancellor exceeded his jurisdiction by directing termination of the petitioner's appointment, as the power to appoint and terminate lies with the University authorities under the Act. (Paras 11-15)
C) Service Law - Appointment - Validity - The petitioner's appointment as Lecturer was made by the University following due process, and the Chancellor's interference was unwarranted. (Paras 16-20)
Issue of Consideration
Whether the order passed by the Chancellor directing termination of the petitioner's appointment as Lecturer was valid and in accordance with law, and whether the Chancellor had jurisdiction to pass such an order without affording an opportunity of hearing to the petitioner.
Final Decision
The High Court allowed the writ petition, quashed the order dated 10.07.2000 passed by the Chancellor, and directed that the petitioner's appointment be restored with all consequential benefits.
Law Points
- Natural Justice
- Audi Alteram Partem
- Jurisdiction of Chancellor under Maharashtra Universities Act
- 1994
- Termination of Appointment
- Writ of Certiorari
Case Details
2022 LawText (BOM) (11) 102
Writ Petition No. 2590 of 2000
Sunil B. Shukre, G. A. Sanap
Mr. M. G. Bhangde, Senior Advocate with Mr. A. B. Patil for petitioner; Mr. S. Y. Deopujari for respondent nos.1 and 2; Mr. A. C. Dharmadhikari for respondent no.3; Mr. K. L. Dharmadhikari, A.G.P. for respondent no.4; Mr. A. S. Agrawal for respondent no.5
Dr. Prashant S/o Vinayak Thakare
The Honourable Chancellor, Amravati University; Amravati University through its Vice Chancellor; Smt. Varsha P. Wadegaonkar; State of Maharashtra; University Grants Commission
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Nature of Litigation
Writ petition challenging the order of the Chancellor directing termination of the petitioner's appointment as Lecturer.
Remedy Sought
Writ of certiorari to quash the order dated 10.07.2000 passed by the Chancellor and other consequential reliefs.
Filing Reason
The Chancellor passed an order directing the Vice Chancellor to terminate the petitioner's appointment without affording him an opportunity of hearing.
Previous Decisions
The High Court on 01.08.2000 issued rule and directed status quo regarding the petitioner's employment. On 22.04.2022, the Court heard the matter and passed a detailed order requesting the Chancellor to relook at the impugned order.
Issues
Whether the Chancellor's order directing termination of the petitioner's appointment was valid?
Whether the Chancellor had jurisdiction to pass such an order?
Whether the order was passed in violation of principles of natural justice?
Submissions/Arguments
Petitioner argued that the Chancellor's order was without jurisdiction and passed in violation of natural justice.
Respondents argued that the Chancellor had the power to issue such directions under the Maharashtra Universities Act.
Ratio Decidendi
The Chancellor's order directing termination of the petitioner's appointment was quashed as it was passed without affording an opportunity of hearing, violating principles of natural justice, and the Chancellor lacked jurisdiction under the Maharashtra Universities Act, 1994 to direct termination of an appointment made by the University.
Judgment Excerpts
In this petition, the petitioner is seeking writ of certiorari to quash and set aside the order dated 10.07.2000, passed by the respondent no.1 – Hon’ble Chancellor, Amravati University...
This Court directed the concerned to place the matter before the Hon’ble Chancellor for further course of action.
Procedural History
The petitioner filed Writ Petition No. 2590 of 2000 in the Bombay High Court, Nagpur Bench, challenging the Chancellor's order dated 10.07.2000. On 01.08.2000, the Court issued rule and directed status quo. On 22.04.2022, the Court heard the matter and passed a detailed order requesting the Chancellor to relook at the impugned order. The final judgment was pronounced on 21.11.2022.
Acts & Sections
- Maharashtra Universities Act, 1994:
