Case Note & Summary
The petitioner, Dr. Mahadevaiah, was an Assistant Professor and Course Coordinator at Sir M. Visveswaraiah Post Graduate Center, Mandya, affiliated with Mysore University. He was recognized as a Ph.D guide under Regulation 4 of the Ph.D Regulation, 2010. One Mr. Masih Ansari Dezfuly opted the petitioner as his guide for his doctoral program, and his enrolment was confirmed after appearing before the Pre-Registration Colloquium Committee. However, the second respondent issued an order dated 09.02.2016 derecognizing the petitioner as a guide, and the Syndicate Council passed decisions on 19.06.2015 and 19.01.2016 which were challenged. The petitioner contended that these orders were passed without any notice or opportunity of hearing, violating principles of natural justice. The respondents argued that the petitioner was not entitled to a hearing as the derecognition was based on policy decisions. The court analyzed the facts and held that the impugned orders were passed in gross violation of natural justice as no opportunity of hearing was afforded to the petitioner before derecognizing him as a guide. The court quashed the order dated 09.02.2016 and the Syndicate decisions, and directed the respondents to consider the petitioner's case afresh after giving him a reasonable opportunity of hearing, including the right to file objections and be heard in person. The court did not express any opinion on the merits of the case and left it open for the respondents to decide in accordance with law.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Derecognition of Research Guide - Ph.D Regulations, 2010 - The petitioner, a recognized Ph.D guide, was derecognized by the University without any notice or opportunity of hearing. The court held that the impugned orders were passed in violation of principles of natural justice and quashed them, directing the respondents to consider the petitioner's case afresh after affording him a reasonable opportunity of hearing. (Paras 1-6) B) Education Law - Ph.D Regulations - Derecognition of Guide - Opportunity of Hearing - The court found that the Syndicate Council decisions and the subsequent order derecognizing the guide were arbitrary and unsustainable as they were passed without complying with the principles of natural justice. The court set aside the orders and remitted the matter back to the respondents for fresh consideration. (Paras 2-6)
Issue of Consideration
Whether the order derecognizing the petitioner as a Ph.D guide and the consequential decisions of the Syndicate Council are valid without affording an opportunity of hearing to the petitioner.
Final Decision
The court allowed the writ petition, quashed the order dated 09.02.2016 (Annexure-A) and the Syndicate Council decisions dated 19.06.2015 (Annexure-S2) and 19.01.2016 (Annexure-W1), and directed the respondents to consider the petitioner's case afresh after affording him a reasonable opportunity of hearing, including the right to file objections and be heard in person, within a period of eight weeks from the date of receipt of the order.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to be Heard
- Derecognition of Guide
- Ph.D Regulations
