Case Note & Summary
The petitioner, a final-year law student at Govind Ramnath Kare College of Law, Margao, filed a writ petition challenging the college's refusal to accept his examination form for the final year law examination scheduled for April 2018. The college had issued a notice on 3 March 2018 requiring students to obtain mentor approval before submitting forms, with the last date being 7 March 2018. The petitioner alleged that he was denied the form on the ground of insufficient attendance, but no prior notice or opportunity of hearing was given. The college, being an aided institution, was considered 'State' under Article 12. The court found that the denial without hearing violated natural justice and directed the college to allow the petitioner to submit his form and appear for the exams. The court also noted that the petitioner had already paid fees and was otherwise eligible.
Headnote
A) Constitutional Law - Right to Education - Natural Justice - Denial of Examination Form - College denied student examination form due to alleged shortage of attendance without prior notice or hearing - Court held that such denial without affording opportunity of hearing is arbitrary and violative of principles of natural justice - Petitioner directed to be allowed to fill examination form and appear for exams (Paras 2-10).
Issue of Consideration
Whether the college could deny the petitioner the examination form without affording him an opportunity of hearing, and whether the college's action was arbitrary and violative of natural justice.
Final Decision
The court allowed the petition, directing the college to permit the petitioner to fill the examination form and appear for the final year law examination. Rule made absolute.
Law Points
- Natural justice
- Right to education
- Article 226
- Affiliated college as State under Article 12
- Denial of examination form without hearing
