Case Note & Summary
The petitioner, Dr. Ajit Uttamrao Wagh, was appointed as Principal of Arts, Science and Commerce College, Warangaon, after a selection process. The respondent no. 2 society published an advertisement on 5/5/1992, and the Selection Committee interviewed candidates on 30/7/1992, recommending the petitioner's name. The Vice Chancellor of North Maharashtra University approved the recommendation on 23/9/1992, and the petitioner joined as Principal. However, on 25/11/1994, the Management Council of the University passed a resolution withdrawing the approval granted to the petitioner's appointment on the ground that the Chairman of the Governing Body was not present in the Selection Committee meeting, allegedly violating Statute 413 (B) (2). The Registrar communicated this to the society on 8/12/1994. The petitioner challenged this resolution by way of a writ petition, also seeking to contest the Senate elections, which became infructuous due to his retirement. The court observed that the resolution withdrawing approval was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of principles of natural justice. The court quashed the resolution dated 25/11/1994 and the communication dated 8/12/1994, but did not grant any consequential relief as the petitioner had already retired. The court did not examine the merits of the ground for withdrawal.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Withdrawal of Approval - The University Management Council withdrew approval of petitioner's appointment as Principal without giving him an opportunity of hearing. The court held that the resolution withdrawing approval was passed in violation of principles of natural justice and quashed the same. (Paras 1-6) B) University Law - Appointment of Principal - Statute 413 (B) (2) - Selection Committee - The ground for withdrawal was that the Chairman of the Governing Body was not present in the Selection Committee meeting, allegedly violating Statute 413 (B) (2). The court did not delve into the merits of this ground as the resolution was quashed on the ground of violation of natural justice. (Paras 5-6)
Issue of Consideration
Whether the resolution of the Management Council of the University withdrawing the approval granted to the appointment of the petitioner as Principal is sustainable in law, particularly when the petitioner was not afforded an opportunity of hearing before passing the resolution.
Final Decision
The court quashed the resolution dated 25/11/1994 and the communication dated 8/12/1994, but did not grant any consequential relief as the petitioner had retired.
Law Points
- Natural Justice
- Audi Alteram Partem
- Withdrawal of Approval
- Appointment of Principal
- University Statutes
