Case Note & Summary
The petitioner, a student, challenged an order dated 13 January 2015 passed by the Maharashtra State Board of Technical Education (the Board) cancelling his Winter 2014 examination and debarring him from the Summer 2015 examination on grounds of alleged malpractice. The basic order dated 1 January 2015 was not communicated to the petitioner but only to the institute and uploaded on the website. The petitioner denied the allegations by letter dated 15 January 2015. The Board filed an affidavit justifying its action. The court found that the order was passed without any notice or opportunity of hearing to the petitioner, violating principles of natural justice. The court set aside the impugned order and directed the respondents to permit the petitioner to appear for the Summer 2015 examination and to declare the results of the Winter 2014 examination if he is otherwise eligible. The court also directed that the respondents may proceed in accordance with law after giving due opportunity of hearing to the petitioner.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Examination - The order cancelling the petitioner's examination and debarring him from future examination was passed without any notice or opportunity of hearing to the petitioner, violating principles of natural justice. The court held that such an order cannot be sustained and set it aside, directing the respondents to permit the petitioner to appear for the Summer 2015 examination and declare results of Winter 2014 examination if he is otherwise eligible. (Paras 2-6)
Issue of Consideration
Whether the order cancelling the petitioner's Winter 2014 examination and debarring him from Summer 2015 examination, passed without affording him an opportunity of hearing, is sustainable in law.
Final Decision
The court allowed the petition, set aside the impugned order dated 13 January 2015, and directed the respondents to permit the petitioner to appear for the Summer 2015 examination and to declare the results of the Winter 2014 examination if he is otherwise eligible. The respondents may proceed in accordance with law after giving due opportunity of hearing to the petitioner.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to Hearing
- Examination Malpractice
- Cancellation of Examination
- Debarment
Case Details
2015 LawText (BOM) (03) 85
WRIT PETITION NO. 951 OF 2015
ANOOP V. MOHTA, K.R. SHRIRAM
Mr. Y. P. Narvankar for the Petitioner, Mr. R.V. Govilkar for Respondent No.1, Mr. Yashodhan Gavanekar for Respondent No.2, Mr. V.N. Sagar and Mr. C.P. Yadav, AGP for Respondent No.3
Mr. Bharat Ghanshyam Chhabada
Maharashtra State Board of Technical Education, Mumbai; Late Narayandas Bhawandas Chhabada Institute of Engineering & Technology (Polytechnic); State of Maharashtra
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Nature of Litigation
Writ petition challenging cancellation of examination and debarment on grounds of alleged malpractice.
Remedy Sought
Petitioner sought quashing of order dated 13 January 2015 cancelling his Winter 2014 examination and debarring him from Summer 2015 examination, and direction to permit him to appear for Summer 2015 examination and declare results of Winter 2014 examination.
Filing Reason
The petitioner's Winter 2014 examination was cancelled and he was debarred from Summer 2015 examination without any notice or opportunity of hearing, violating principles of natural justice.
Previous Decisions
Basic order dated 1 January 2015 was passed but not communicated to the petitioner; order dated 13 January 2015 was communicated to the institute and uploaded on website.
Issues
Whether the impugned order cancelling the examination and debarring the petitioner was passed in violation of principles of natural justice.
Submissions/Arguments
Petitioner argued that no notice or opportunity of hearing was given before passing the impugned order.
Respondent No.1 resisted the claim and placed materials including the basic order dated 1 January 2015 to justify the action.
Respondent No.2 supported the petitioner and submitted that appropriate order may be passed.
Ratio Decidendi
An order cancelling a student's examination and debarring him from future examinations without any notice or opportunity of hearing is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
The Petitioner has challenged order dated 13 January 2015 passed by Respondent No.1... whereby, the Petitioner's Winter 2014 examination was cancelled and further debarred from Summer 2015 Examination, on the ground of alleged malpractice during Winter 2014 examination.
Basic order dated 1 January 2015 was not addressed and/or specifically communicated to the Petitioner.
The communication dated 13 January 2015, is therefore, without any reason.
The order impugned is without any notice and/or opportunity of hearing to the Petitioner.
The order impugned is set aside.
Procedural History
The petitioner filed the writ petition on 27 January 2015 challenging the order dated 13 January 2015. Respondent No.1 filed an affidavit in reply dated 10 February 2015. Respondent No.2 filed an affidavit dated 12 March 2015. The court heard the matter on 24/25/26/27 March 2015 and delivered judgment on 27 March 2015.
