Case Note & Summary
The petitioner, Aditya Education Trust's Aditya Hospital & Dental College, challenged two orders: (1) the State's order dated 2 September 2013 withdrawing/cancelling the Essentiality Certificate, and (2) the order dated 31 August 2013 communicating the Vice Chancellor's order withdrawing affiliation. The court noted that these orders were served during the hearing of a writ petition before the Bombay Bench. The petitioner's counsel stated that the petitioner did not oppose the transfer of students, and the court found that adjudication would not affect student interests. The court held that the impugned orders were passed without any opportunity of hearing to the petitioner, violating principles of natural justice. Consequently, the court quashed and set aside both orders and directed the respondents to hear the petitioner before taking any further action. The court also disposed of the civil application for impleadment as not entertained.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Essentiality Certificate and Affiliation - Withdrawal Without Hearing - The State and University cancelled the Essentiality Certificate and affiliation of a dental college without any prior notice or opportunity of hearing. The court held that such action is violative of principles of natural justice and the orders are void. (Paras 1-6) B) Education Law - Dental College - Essentiality Certificate - Cancellation - Section 10A of the Dentists Act, 1948 - The Essentiality Certificate is a prerequisite for establishing a dental college. Its cancellation without hearing the management is illegal. (Paras 3-6) C) Education Law - Affiliation - Withdrawal - Maharashtra University of Health Sciences Act - The Vice Chancellor's order withdrawing affiliation without notice is unsustainable. (Paras 3-6)
Issue of Consideration
Whether the withdrawal of Essentiality Certificate and affiliation by the State and University without affording any opportunity of hearing to the petitioner is valid in law.
Final Decision
The court quashed and set aside the impugned orders dated 2 September 2013 and 31 August 2013. Directed the respondents to hear the petitioner before taking any further action. Civil Application No. 12108 of 2013 not entertained.
Law Points
- Natural justice
- audi alteram partem
- essentiality certificate
- affiliation
- withdrawal without hearing
- Dental Council of India regulations
