Case Note & Summary
The petitioner, Shiva Dhawan, an MBA holder, filed a writ petition before the Bombay High Court challenging the order dated 30th July 2013 passed by respondent no.1, SVKM's Narsee Monjee Institute of Management Studies, cancelling the MBA degree conferred upon him. The petitioner had obtained a B. Pharm degree from Kurukshetra University and appeared for the Common Entrance Test (NMAT) for the MBA course (Pharmaceutical Management) on 19th November 2010. Based on his performance in the written examination and subsequent group discussion and personal interview, he was admitted to the MBA course for the academic year 2011-2013. He successfully completed all six semesters in first attempt and was conferred the degree on 20th April 2013. Thereafter, he was recruited by a company. The institute later cancelled his degree, allegedly due to some discrepancy in his entrance exam marks. The petitioner contended that the impugned action was taken without affording him any opportunity of hearing, violating principles of natural justice. The court examined the facts and found that no show cause notice was issued to the petitioner before the cancellation, nor was he given any personal hearing. The court held that the cancellation of a degree is a serious matter affecting the petitioner's career and livelihood, and such action cannot be taken without following the principles of natural justice. The court quashed the impugned order and directed the institute to restore the degree. The judgment emphasizes that educational institutions must adhere to fair procedures before taking punitive actions against students.
Headnote
A) Administrative Law - Principles of Natural Justice - Audi Alteram Partem - Cancellation of Degree - The petitioner's MBA degree was cancelled by the respondent institute without affording him adequate opportunity of hearing - The court held that the impugned action suffers from violation of principles of natural justice as no proper show cause notice or personal hearing was given before the drastic step of cancelling the degree (Paras 1, 10-15). B) Education Law - Degree Cancellation - Discrepancy in Entrance Exam Marks - The petitioner was admitted based on his performance in NMAT test and GD/PI, completed the course successfully, and was conferred degree - The institute later cancelled the degree alleging discrepancy in marks - The court found that the petitioner was not given any opportunity to explain the alleged discrepancy before the cancellation (Paras 2-5, 16-18). C) Constitutional Law - Article 226 - Writ Jurisdiction - Quashing of Order - The High Court exercised its writ jurisdiction to quash the order dated 30th July 2013 cancelling the degree, as the order was passed in gross violation of natural justice and without any valid reason (Paras 19-20).
Issue of Consideration
Whether the impugned order cancelling the petitioner's MBA degree was passed in violation of principles of natural justice and whether the petitioner was afforded adequate opportunity before the said action.
Final Decision
The High Court quashed and set aside the impugned order dated 30th July 2013 cancelling the petitioner's MBA degree and directed the respondent institute to restore the degree.
Law Points
- Principles of natural justice
- audi alteram partem
- right to be heard
- degree cancellation
- educational institution's disciplinary powers
- writ jurisdiction
