Case Note & Summary
The petitioner, Sarita Yadaorao Bodile, an Assistant Professor and Member of the Board of Studies, appeared as an examinee in the M.A. Part I examination in Marathi subject conducted by Sant Gadge Baba Amravati University in Summer 2014. On 19.04.2014, while solving the paper of 'Arvachin Kavita', the invigilator found a chit near her desk and registered a complaint for using unfair means. The Unfair Means Enquiry Committee considered the matter behind her back without issuing any show cause notice or granting an opportunity of personal hearing. Without any opportunity, the University issued a notification dated 29.09.2014 cancelling her performance for the Summer 2014 examination on the ground of unfair means. The petitioner submitted a review application on 21.05.2015, primarily contending that the order was passed without affording her an opportunity of hearing. The review was rejected on the ground that it was not filed within the prescribed period. Additionally, on 16.04.2015, after hearing the petitioner, the University imposed an additional punishment debarring her from conducting any examination work for one year, citing that it was unbecoming of an Assistant Professor and Board of Studies member to resort to unfair means. The petitioner challenged the cancellation order and the consequential debarment order by way of a writ petition. The court framed the issue as whether the performance of a student could be cancelled without granting an opportunity of hearing. The court held that the order of cancellation dated 29.09.2014 was passed in gross violation of the principles of natural justice as no show cause notice was issued and no hearing was granted. The rejection of the review application on the ground of limitation did not cure this fundamental defect. Consequently, the cancellation order was set aside, and the consequential order of debarment dated 16.04.2015, which was based on the cancellation, also could not survive. The court allowed the petition, quashed both orders, and directed the University to declare the petitioner's result for the Summer 2014 examination if otherwise eligible.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Examination Performance - The petitioner, an Assistant Professor and examinee, was accused of using unfair means during M.A. Part I examination. The Unfair Means Enquiry Committee considered the matter behind her back without issuing a show cause notice or granting a personal hearing. The University cancelled her performance for Summer 2014 examination by notification dated 29.09.2014. Held that the order of cancellation was passed in gross violation of principles of natural justice and is liable to be set aside (Paras 1, 3, 4). B) University Law - Unfair Means - Review Application - Limitation - The petitioner filed a review application on 21.05.2015 which was rejected as time-barred. However, the court held that the rejection of review on limitation does not cure the fundamental defect of lack of opportunity of hearing in the original order. The order of cancellation being void ab initio, the review rejection is inconsequential (Paras 3, 4). C) Administrative Law - Consequential Orders - Validity - After the cancellation, the University passed an additional order on 16.04.2015 debarring the petitioner from conducting examination work for one year, after hearing the petitioner. Since the cancellation order itself is set aside, the consequential order of debarment also cannot survive (Para 4).
Issue of Consideration
Whether the performance of a student at a particular examination could be cancelled and consequential orders could be passed in view of the cancellation order, without granting an opportunity to the said student.
Final Decision
The court allowed the writ petition, quashed and set aside the notification dated 29.09.2014 cancelling the petitioner's performance for Summer 2014 examination and the order dated 16.04.2015 debarring the petitioner from conducting examination work for one year. The University was directed to declare the petitioner's result for the Summer 2014 examination if she is otherwise eligible.
Law Points
- Natural justice
- audi alteram partem
- cancellation of examination without opportunity of hearing
- unfair means enquiry
- review application limitation
