Case Note & Summary
The petitioner, Bhavnaben Hiralal Dholu, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging two orders: (1) the order dated 30th May 2018 passed by respondent No.3 (the Principal of B.A. Dangar Homeopathic Medical College) cancelling her BHMS degree result on account of alleged fraud, and (2) the order dated 20th August 2018 passed by the Council of Homeopathic System of Medicine, Gujarat State cancelling her registration as a homeopathic practitioner. The petitioner had obtained admission in the BHMS course affiliated with Saurashtra University at B.A. Dangar Homeopathic Medical College after passing Standard 12th examination. The Principal of the college, Mr. Amitabh Joshi, informed her that she was successfully enrolled. However, the petitioner's result was cancelled on the ground of fraud, and subsequently her registration was cancelled by the Council. The petitioner contended that no show-cause notice or opportunity of hearing was given before passing these adverse orders. The respondents argued that the cancellation was based on fraud and that the petitioner had not appeared in the university examinations. The court examined the facts and found that the orders were passed without following the principles of natural justice. The court held that the cancellation of the degree and registration without any notice or opportunity of hearing is violative of the principles of natural justice and cannot be sustained. The court quashed both the impugned orders but granted liberty to the respondents to initiate fresh proceedings in accordance with law after giving due opportunity of hearing to the petitioner. The petition was allowed accordingly.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Degree - The petitioner's BHMS degree and registration were cancelled by the respondent authorities on the ground of alleged fraud without any show-cause notice or opportunity of hearing. The court held that such cancellation without following principles of natural justice is unsustainable and liable to be quashed. (Paras 5-6) B) Homeopathy - Professional Registration - Cancellation - Gujarat Homeopathic System of Medicine Act, 1973 - Sections 26, 27 - The Council of Homeopathic System of Medicine, Gujarat State cancelled the petitioner's registration without any notice. The court held that the power to cancel registration under the Act must be exercised in accordance with natural justice, and failure to do so vitiates the order. (Paras 5-6) C) Constitutional Law - Right to Practice Profession - Article 19(1)(g) - Cancellation of professional degree and registration affects the right to practice profession. The court held that such action cannot be taken without affording an opportunity of hearing to the affected person. (Paras 5-6)
Issue of Consideration
Whether the cancellation of the petitioner's BHMS degree and registration by the respondent authorities without issuing any show-cause notice or affording an opportunity of hearing is sustainable in law.
Final Decision
The court allowed the petition, quashed the impugned orders dated 30th May 2018 and 20th August 2018, and granted liberty to the respondents to initiate fresh proceedings in accordance with law after giving due opportunity of hearing to the petitioner.
Law Points
- Natural justice
- audi alteram partem
- right to be heard
- cancellation of degree without notice
- quashing of administrative orders
- opportunity of hearing mandatory before adverse action
