Case Note & Summary
The petitioners, Dr. Ku. Ashifa Sharif Sheikh and Dr. Bharati Gajanan Sadabal, filed writ petitions challenging the denial of admission to postgraduate Ayurvedic courses at Government Ayurved College, Nagpur. They had participated in the counselling process for the academic year 2017-18 and were allotted seats in the first round. However, in subsequent rounds, their names were not included in the merit list, and the seats were withdrawn without any notice or opportunity of hearing. The petitioners contended that this action was arbitrary and violative of natural justice. The respondents argued that the petitioners did not meet the eligibility criteria or that the seats were reallocated. The court, after hearing the parties, held that the withdrawal of seats without affording an opportunity of hearing was unsustainable. The court directed that the petitioners be allowed to continue their studies in the respective courses. The judgment emphasized the importance of natural justice in administrative decisions affecting the rights of candidates.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - Withdrawal of Allotted Seat - The respondents withdrew the seats allotted to the petitioners in the first round of counselling without any notice or opportunity of hearing, which violated principles of natural justice. The court held that such withdrawal was arbitrary and unsustainable. (Paras 4-6) B) Education Law - Admission to PG Ayurvedic Courses - Counselling Process - Once a candidate is allotted a seat in the first round of counselling, the seat cannot be withdrawn in subsequent rounds without following due process. The court directed that the petitioners be allowed to continue their studies. (Paras 4-6)
Issue of Consideration
Whether the respondents could withdraw the seats allotted to the petitioners in the first round of counselling without giving them an opportunity of hearing, and whether the petitioners were entitled to continue their PG Ayurvedic courses.
Final Decision
The court allowed the writ petitions, quashed the decision to withdraw the seats, and directed that the petitioners be allowed to continue their studies in the respective PG Ayurvedic courses.
Law Points
- Natural justice
- Right to hearing
- Admission process
- Counselling
- Merit list
- Withdrawal of seat
