Case Note & Summary
Background: The petitioner, Shri Sambhaji Shivaji Mali, initially appointed as a lecturer in 1968 and confirmed in 1971 at a college affiliated to Shivaji University, was promoted to Vice Principal in 1989 and Principal in 1995. He belonged to the Lingayat community and held a caste certificate of Scheduled Caste (Hindu Lingader) issued on 15 May 1995 by the Tehsildar, Miraj. A complaint by Phule Ambedkar Shahu Teachers' Association alleged the certificate was false, leading to a chain of events culminating in termination of his services. The present writ petition challenges the order of the University and College Tribunal dated 19 April 1999 that dismissed his appeal against termination, and also challenges the Tehsildar's order dated 27 October 1995 cancelling the caste certificate.
Facts: On receipt of the complaint, the Tehsildar issued a notice on 21 September 1995 to the petitioner to appear for enquiry on 25 September 1995. The petitioner could not appear due to receipt of notice belatedly. Another notice dated 26 September 1995 directed appearance on 6 October 1995. However, the petitioner was arrested by police on 28 September 1995 and released on bail on 5 October 1995. He informed the Tehsildar on 6 October 1995 that his documents were in police custody and he could not produce them. Meanwhile, on 25 September 1995, the management reverted the petitioner from the post of Principal to Lecturer under Statute 196(2)(a) of the Shivaji University without a hearing, citing pending enquiry on his caste. On 27 October 1995, the Tehsildar cancelled the caste certificate ex parte, without supplying copy of the complaint or granting an opportunity of hearing. The petitioner protested and also approached the Sub-Divisional Officer. On 7 March 1996, the Management Council of the University, relying on a three-member committee report, resolved that the petitioner had submitted false documents and obtained undue advantage, and withdrew the approval of his appointment originally granted on 15 September 1972. Consequently, on 9 March 1996, the management terminated the petitioner's service effective 11 March 1996.
Legal Issues: The core legal questions raised were: (i) whether the Tehsildar had the power to review and cancel a caste certificate, and whether the cancellation without hearing and without supplying the complaint violated natural justice; (ii) whether the reversion of the petitioner by the management under Statute 196(2)(a) was lawful, given that the University had indicated action should have been under Statute 217(A); (iii) whether the withdrawal of approval by the University, based on the report of an enquiry committee where the petitioner was not supplied with a copy of the report, was legal; and (iv) whether the Tribunal was justified in dismissing the appeal.
Arguments: The petitioner's counsel contended that the Tehsildar had no power to cancel the caste certificate, and the order was passed without proper opportunity of hearing because the petitioner was prevented by circumstances (arrest and police custody of documents) from attending. The entire subsequent action of the University, based on the illegal cancellation, was therefore void. The petitioner was not supplied with the complaint or enquiry report. The management’s reversion order and the University’s withdrawal of approval were argued to be procedurally flawed.
Court's Analysis: The matter was heard and judgment reserved on 28 June 2016 by R.D. Dhanuka, J. The text of the judgment, as provided, does not include the court's analysis or decision on the writ petition. It sets out the factual background, procedural history, and the submissions of the petitioner’s counsel, but breaks off before recording the reasoning or the final order.
Decision: As the judgment excerpt is incomplete, the final decision and directions of the High Court are not available.
Issue of Consideration
Whether the University and College Tribunal's order dismissing the petitioner's appeal against termination was legally sustainable given the alleged violations of natural justice in cancelling the caste certificate and the subsequent withdrawal of approval by the University.
Case Details
2016 LawText (BOM) (08) 92
Writ Petition No.3352 of 1999
Mr. N.V. Bandiwadekar i/by Mr. G.M. Savagave for the petitioner; Mr. A.B. Borkar for respondent no.1; Mr. T.S. Ingale for respondent no.3; Mrs. M.S. Bane and Mrs. Vaishali Nimbalkar, AGP for respondent nos.4 and 6
Shri Sambhaji Shivaji Mali
1. The Honourable Vice Chancellor, Shivaji University; 2. The Honourable Secretary, Latthe Education Society; 3. The Principal, Latthe Education Society, Ganpatrao Arawade College of Commerce; 4. The Collector, Sangli; 5. Prof. Milind Warmare; 6. Joint Director of Education (Higher Education), Maharashtra State, Pune
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the University and College Tribunal dismissing the petitioner's appeal against termination from the post of Principal, and also challenging the Tehsildar's order cancelling his caste certificate.
Remedy Sought
Quashing of the tribunal's order dated 19-04-1999; quashing of the Tehsildar's order dated 27-10-1995 cancelling the caste certificate; and consequential reliefs including reinstatement.
Filing Reason
The petitioner’s caste certificate was cancelled without opportunity of hearing, leading to withdrawal of approval and termination of service; the tribunal dismissed his appeal without proper consideration of the procedural violations.
Previous Decisions
Appeal No.38 of 1996 before the University and College Tribunal was dismissed on 19-04-1999. Earlier, the University’s preliminary objection to maintainability was rejected on 26-08-1996, and a writ petition against that order was dismissed by the High Court on 15-10-1996.
Issues
Whether the Tehsildar had the authority to review and cancel the caste certificate without affording the petitioner an opportunity of hearing?
Whether the reversion of the petitioner from the post of Principal to Lecturer by the management under Statute 196(2)(a) was lawful?
Whether the withdrawal of approval of the petitioner’s appointment by the University, based on a committee report without supplying a copy to him, was procedurally valid?
Whether the University and College Tribunal was justified in dismissing the petitioner’s appeal against termination?
Submissions/Arguments
The Tehsildar had no power to review or cancel the caste certificate; such cancellation was without jurisdiction.
Notice for enquiry was received late and the petitioner was prevented from attending due to his arrest and police custody of documents; thus, the order of cancellation was passed in violation of natural justice.
Copy of the complaint made by Phule Ambedkar Shahu Teachers' Association was never supplied to the petitioner.
The management reverted the petitioner under Statute 196(2)(a) without hearing, and the University itself later stated that action should have been taken under Statute 217(A).
The University withdrew approval based on an enquiry committee report, a copy of which was not given to the petitioner, violating principles of natural justice.
The entire termination flow from the illegal cancellation of the caste certificate was void ab initio.
Judgment Excerpts
By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of certiorari for quashing and setting aside the order and judgment dated 19th April 1999 passed by the learned Presiding Officer, Pune Shivaji University and College Tribunal in Appeal No.38 of 1996.
On 27th October 1995, the Tehsildar issued an order thereby cancelling the caste certificate which was issued to the petitioner based on the complaint made by the said Phule Ambedkar Shahu Teachers' Association. It is the case of the petitioner that copy of the said complaint ... was not supplied to the petitioner. The Tehsildar passed the said order on 27th October 1995 without giving an opportunity of hearing to the petitioner.
Mr.Bandiwadekar, learned counsel for the petitioner submits that the learned Tehsildar had no power to cancel the caste certificate of the petitioner. Learned Tehsildar could not review his own order. He submits that the Tehsildar had passed the said order thereby canceling the caste certificate which was issued to the petitioner, without giving him proper opportunity of being heard.
Procedural History
23 June 1968: Petitioner appointed as lecturer in college run by respondent no.1. 23 July 1971: Confirmed as lecturer. 30 June 1989: Appointed as Vice Principal. 24 July 1995: Promoted as Principal. 15 May 1995: Tehsildar issued caste certificate (Scheduled Caste). 21 September 1995: Tehsildar issued notice for enquiry on 25-09-1995. 25 September 1995: Management reverted petitioner to Lecturer under Statute 196(2)(a). 28 September 1995: Petitioner arrested by police. 5 October 1995: Released on bail. 6 October 1995: Petitioner informed Tehsildar of inability to produce documents. 27 October 1995: Tehsildar cancelled caste certificate. 13 November 1995: Petitioner replied to Tehsildar and complained to Sub-Divisional Officer. 2 November 1995: Management requested University to nominate members for Preliminary Enquiry Committee. 5 December 1995: University informed management that action should be under Statute 217(A), not 196(2)(a). 14 November 1995: University directed petitioner to appear before enquiry committee. 17 February 1996: Enquiry committee submitted report. 7 March 1996: Management Council resolved to withdraw approval of petitioner's appointment. 9 March 1996: Management terminated petitioner's service. 9 April 1996: Petitioner filed Appeal No.38 of 1996 before University and College Tribunal. 26 August 1996: Tribunal rejected University's preliminary objection to maintainability. 15 October 1996: High Court dismissed writ petition (5153 of 1996) against that order. 19 April 1999: Tribunal dismissed appeal. Thereafter, present writ petition No.3352 of 1999 filed.
Acts & Sections
- Constitution of India: Article 226, Article 227
- Maharashtra Universities Act, 1994: Section 59(1)
