Case Note & Summary
The petitioner, Dr. Raj Mohammed Ali Merchant, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 27.10.2020 passed by Respondent No.2, Krishna Institute of Medical Sciences Deemed to be University, cancelling his Bachelor of Dental Surgery (BDS) degree awarded in 2014. The petitioner had been admitted to the BDS course in 2008 under the NRI quota and paid a fee of Rs.2,41,000/- for a management seat. After completing the course, he was issued a degree certificate. Subsequently, he applied for a job at a Government Dental College and Hospital and was appointed as an intern at J.J. Hospital on a temporary basis. Due to family disputes, false complaints were filed against him, leading to an inquiry by the Dean of the Government Dental College and Hospital with the Caste Scrutiny Committee. The Committee informed the Dean that the petitioner had submitted a false caste certificate for a post at the Government Dental College. Based on this, a complaint was filed, and the petitioner had to obtain anticipatory bail. The university then cancelled his BDS degree without any notice or opportunity of hearing. The court considered the sole issue of whether the cancellation of the degree without affording a hearing violated principles of natural justice. The petitioner argued that the impugned order was passed ex parte without any show cause notice or opportunity of hearing, relying on the principle of audi alteram partem. The respondents contended that the admission was irregular and that the degree was cancelled due to the petitioner's conduct. The court analyzed that the cancellation of a degree is a serious matter affecting the petitioner's career and livelihood, and thus, principles of natural justice must be strictly adhered to. The court held that the impugned order was a clear violation of natural justice as no hearing was given before cancelling the degree. Consequently, the court quashed and set aside the order dated 27.10.2020 and directed Respondent No.2 to restore the BDS degree to the petitioner. The court clarified that it had not expressed any opinion on the merits of the admission and left it open for the university to take appropriate action in accordance with law after giving due hearing to the petitioner.
Headnote
A) Natural Justice - Audi Alteram Partem - Cancellation of Degree - Right to Hearing - The petitioner's BDS degree was cancelled by the respondent university without any notice or opportunity of hearing. The court held that such cancellation without hearing is a clear violation of principles of natural justice and set aside the impugned order. (Paras 1-12) B) Admission Irregularities - NRI Quota - Management Seat - Fee Dispute - The petitioner was admitted under NRI quota in 2008 and paid Rs.2,41,000/- as management seat fee. The university cancelled the degree in 2020 alleging that the admission was irregular. The court did not delve into the merits of the admission but focused on the procedural violation. (Paras 2-12) C) Constitutional Law - Article 226 - Writ Jurisdiction - Quashing of Order - The High Court exercised its writ jurisdiction under Article 226 of the Constitution of India to quash the order dated 27.10.2020 passed by the respondent university cancelling the petitioner's BDS degree, and directed restoration of the degree. (Paras 1, 12)
Issue of Consideration
Whether the cancellation of a Bachelor of Dental Surgery (BDS) degree by a deemed university without affording the petitioner an opportunity of hearing is violative of principles of natural justice.
Final Decision
The court quashed and set aside the order dated 27.10.2020 passed by Respondent No.2 cancelling the BDS degree of the petitioner and directed Respondent No.2 to restore the BDS degree to the petitioner. The court clarified that it had not expressed any opinion on the merits of the admission and left it open for the university to take appropriate action in accordance with law after giving due hearing to the petitioner.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to Hearing
- Cancellation of Degree
- Admission Irregularities
- NRI Quota
- Management Seat
- Deemed University
- Article 226
- Constitution of India
