Case Note & Summary
The petitioner, Ashok Satram Honmane, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the order dated 6.12.1999 passed by the Education Officer (Secondary), Zilla Parishad, Parbhani, which cancelled the alleged approval order dated 11.11.1999 granted in his favour. The petitioner sought quashing of the cancellation order and a mandatory direction to the respondent No.2 to recognize and approve him as Physical Education Teacher w.e.f. 14.6.1999 and to pay his salary. The petitioner was appointed as Physical Education Teacher by the school (respondents No.3 and 4) on 4.6.1999 w.e.f. 14.6.1999. The school was a recognized and aided institution. The petitioner claimed that the Education Officer had granted approval on 11.11.1999, but later cancelled it on 6.12.1999 without any notice or opportunity of hearing. The respondents No.1 and 2 (State and Education Officer) opposed the petition, arguing that the approval was never granted and the alleged approval letter was forged. The respondents No.3 and 4 (school management) supported the petitioner. The court examined the record and found that the cancellation order was passed without any notice or opportunity of hearing to the petitioner, which violated principles of natural justice. The court held that even if the approval was not granted, the cancellation order could not stand without hearing the petitioner. The court quashed the order dated 6.12.1999 and directed the Education Officer to decide the petitioner's claim for approval afresh after giving an opportunity of hearing to all concerned parties, within three months from the date of the order.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Approval - Opportunity of Hearing - The Education Officer cancelled the alleged approval granted to the petitioner without issuing any notice or giving any opportunity of hearing to the petitioner - Held that such cancellation order is in gross violation of principles of natural justice and is liable to be quashed and set aside (Paras 1-6).
Issue of Consideration
Whether the order dated 6.12.1999 cancelling the alleged approval granted to the petitioner as Physical Education Teacher was passed in violation of principles of natural justice and without affording any opportunity of hearing to the petitioner.
Final Decision
The order dated 6.12.1999 passed by the Education Officer (Secondary), Zilla Parishad, Parbhani is quashed and set aside. The Education Officer is directed to decide the petitioner's claim for approval afresh after giving an opportunity of hearing to all concerned parties, within three months from the date of the order.
Law Points
- Natural justice
- opportunity of hearing
- cancellation of approval without notice
- writ of certiorari
- Article 226 of Constitution of India
