Case Note & Summary
The petitioner, Rahul s/o Upasrao Rohankar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a communication dated 19.12.2015 issued by the Maharashtra Animal and Fishery Sciences University, Nagpur, rejecting his candidature for PhD admission. The petitioner had applied for PhD in the subject of Live Stock Production and Management for the academic year 2015-16. He paid the requisite fees and was called for an interview. However, by the impugned communication, the university informed him that his application was not processed as the application form was not received. The petitioner contended that he had submitted the application form and paid fees, and the rejection was arbitrary and without any opportunity of hearing. The respondents argued that the application form was not received and hence the candidature was rightly rejected. The court, after hearing the parties, observed that the university had accepted fees and called the petitioner for interview, which indicated that the application was prima facie considered. The rejection on the ground of non-receipt of application form was held to be arbitrary and violative of Article 14 of the Constitution. The court allowed the petition, quashed the impugned communication, and directed the university to consider the petitioner's application afresh on merits within four weeks. The court also made the rule absolute and disposed of the petition with no order as to costs.
Headnote
A) Constitutional Law - Right to Equality - Article 14 of the Constitution of India - Arbitrary Rejection of Candidature - The petitioner applied for PhD admission, paid fees, and was called for interview, but his candidature was rejected on the ground that his application was not processed due to non-receipt of application form - The court held that the rejection was arbitrary and violative of Article 14 as the university failed to consider the application on merits despite receiving fees and calling for interview (Paras 1-10). B) Administrative Law - Principles of Natural Justice - Fair Hearing - The university's action of rejecting candidature without affording an opportunity of hearing or considering the application on merits was held to be in violation of principles of natural justice - The court directed the university to consider the petitioner's application afresh and decide on merits (Paras 8-10).
Issue of Consideration
Whether the respondent University was justified in rejecting the petitioner's candidature for PhD admission without considering his application on merits, and whether the communication dated 19.12.2015 rejecting the candidature is arbitrary and violative of Article 14.
Final Decision
The writ petition is allowed. The impugned communication dated 19.12.2015 is quashed and set aside. The respondent university is directed to consider the petitioner's application for PhD admission afresh on its own merits within four weeks from the date of the order. Rule is made absolute. No order as to costs.
Law Points
- Principles of natural justice
- Right to be considered for admission
- Article 14 of the Constitution of India
- Mandamus
- Writ jurisdiction
