High Court of Judicature at Bombay considered a writ petition challenging the University and College Tribunal's dismissal of an appeal against termination based on a cancelled caste certificate. The court examined whether the Tehsildar's order and subsequent termination violated principles of natural justice and jurisdiction.

Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the University and College Tribunal and the cancellation of caste certificate by the Tehsildar.

Quashing of the University and College Tribunal's order dated 19 April 1999 dismissing Appeal No.38 of 1996, and quashing of the Tehsildar's order dated 27 October 1995 cancelling the caste certificate, with a request for other reliefs.

The petitioner's appeal against termination of service was dismissed by the University and College Tribunal, and the underlying cancellation of his caste certificate was allegedly done without jurisdiction and in violation of natural justice.

On 27 October 1995, the Tehsildar cancelled the petitioner's caste certificate. On 25 September 1995, the management reverted the petitioner from Principal to Lecturer. On 9 March 1996, the petitioner's services were terminated based on withdrawal of University approval. The University and College Tribunal dismissed the petitioner's appeal (No.38 of 1996) on 19 April 1999.

Whether the Tehsildar had jurisdiction to cancel the caste certificate issued by him? Whether the cancellation of the caste certificate violated principles of natural justice? Whether the University and College Tribunal erred in dismissing the appeal against termination? Whether the termination of services based on the cancelled caste certificate was valid?

The Tehsildar had no power to cancel the caste certificate as it would amount to review of his own order. No proper opportunity of hearing was given; the notice was received late and the petitioner was arrested, with documents in police custody. A copy of the complaint made by the association was never supplied to the petitioner. The entire action of the Shivaji University based on the Tehsildar's illegal cancellation was without authority of law.

The Tehsildar passed the said order on 27 th October 1995 without giving an opportunity of hearing to the petitioner. The management had no authority to conduct the enquiry against the petitioner. The entire action initiated by the Shivaji University based on the cancellation of the caste certificate by the Tehsildar was thus totally illegal and without authority of law.

The petitioner, a lecturer, was appointed in 1968 and later promoted to Principal. In 1995, a caste certificate was issued to him by the Tehsildar, followed by a complaint leading to an enquiry. The Tehsildar cancelled the certificate ex parte on 27 October 1995. Meanwhile, the management reverted him to Lecturer on 25 September 1995. The University conducted an enquiry under its statutes, withdrew approval, and the petitioner's services were terminated on 9 March 1996. He filed Appeal No.38 of 1996 before the University and College Tribunal under Section 59(1) of the Maharashtra Universities Act, 1994, which was dismissed on 19 April 1999. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution before the Bombay High Court.

• Constitution of India: Article 226, Article 227
• Maharashtra Universities Act, 1994: Section 59(1)
• Statutes of Shivaji University: Statute 196(2)(a), Statute 216(A), Statute 217(A)