Case Note & Summary
The petitioners, 27 students who had secured admission to MBBS/BDS courses in various colleges, challenged the orders passed by the Scrutiny Committee, Respondent No.2, which cancelled their caste certificates. The petitioners contended that the impugned orders were passed without issuing any show-cause notice or affording them an opportunity of hearing, thereby violating the principles of natural justice. The court noted that the impugned orders were passed in a mechanical manner without any application of mind. The court held that the cancellation of caste certificates without following the procedure of natural justice is unsustainable. The court quashed and set aside the impugned orders and directed the Scrutiny Committee to decide the validity of the caste certificates afresh after giving an opportunity of hearing to the petitioners. The court also directed that the petitioners shall be continued in the respective courses until the fresh decision is taken by the Scrutiny Committee.
Headnote
A) Constitutional Law - Natural Justice - Audi Alteram Partem - Cancellation of Caste Certificates - The Scrutiny Committee cancelled the caste certificates of the petitioners without issuing any show-cause notice or affording an opportunity of hearing - Held that such cancellation is in gross violation of principles of natural justice and the impugned orders are liable to be quashed and set aside (Paras 1-5).
Issue of Consideration
Whether the cancellation of caste certificates of the petitioners by the Scrutiny Committee without issuing any show-cause notice or affording an opportunity of hearing is violative of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed and set aside the impugned orders, and directed the Scrutiny Committee to decide the validity of the caste certificates afresh after giving an opportunity of hearing to the petitioners. The petitioners shall be continued in the respective courses until the fresh decision.
Law Points
- Natural Justice
- Audi Alteram Partem
- Caste Certificate Cancellation
- Opportunity of Hearing
- Show-Cause Notice
