Case Note & Summary
The petitioners, comprising Sant Gadgebaba Arts, Commerce & Science Junior College (Petitioner No.1) and two parents of students (Petitioners No.2 and 3), filed a writ petition challenging an order dated 22-02-2010 issued by Respondent No.2, the Maharashtra State Secondary & Higher Secondary Board, Aurangabad Divisional Board. The order cancelled the H.S.C. examination center of the petitioner college, which was scheduled to commence from 23rd February, 2010. The petitioners contended that the cancellation was arbitrary and without any prior notice or opportunity of hearing. The court heard the learned counsel for the parties and noted that the order was passed without affording any hearing to the petitioners. The court held that such an order is unsustainable in law as it violates the principles of natural justice. Consequently, the court allowed the writ petition, set aside the impugned order, and directed the respondent Board to permit the petitioners to use the examination center for the ongoing H.S.C. examinations. However, the court clarified that the Board retains the right to inspect the center and, after hearing the petitioners, pass a fresh order in accordance with law. The court also directed the petitioners to cooperate with the Board's inspection.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Examination Center - The order cancelling the H.S.C. examination center of the petitioner college was passed without any notice or opportunity of hearing to the petitioners, who are the college and parents of students. The court held that such an order is unsustainable in law as it violates the principles of natural justice. (Paras 1-4) B) Education Law - Examination Center - Cancellation - Opportunity of Hearing - The respondent Board cancelled the examination center on the ground of inadequate infrastructure. However, the court found that the order was passed without hearing the affected parties. The court set aside the order and directed the Board to permit the petitioners to use the center for the ongoing examinations, subject to the Board's right to inspect and pass fresh orders after hearing the petitioners. (Paras 3-4)
Issue of Consideration
Whether the cancellation of an examination center by the Maharashtra State Secondary & Higher Secondary Board without affording an opportunity of hearing to the affected institution and students is valid in law.
Final Decision
The writ petition is allowed. The impugned order dated 22-02-2010 is set aside. The respondent No.2 is directed to permit the petitioners to use the examination center for the H.S.C. examinations scheduled to commence from 23rd February, 2010. However, the respondent No.2 is at liberty to inspect the center and after hearing the petitioners, pass a fresh order in accordance with law. The petitioners shall cooperate with the inspection.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to be Heard
- Cancellation of Examination Center
- Administrative Action
