Case Note & Summary
The petitioner, Mrs. Swathi B., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bangalore, challenging the revised rank list issued by the Karnataka State Law University (respondent No.1) for the LL.M. June 2012 batch and the Nani A. Palkhivala Memorial Gold Medal for the year 2012. The petitioner was a student of S.D.M. Law College and Centre for Post Graduate Studies and Research in Law (respondent No.2). The revised rank list was annexed as Annex-K to the writ petition. The petitioner contended that the revised rank list was issued without any notice or opportunity of hearing to her, thereby violating the principles of natural justice. The respondents, including the university and other students, were represented by counsel. The court noted that although notice on respondents No.5 and 6 was not served, the university and the concerned students were represented, and thus the petition was taken up for consideration. The court observed that the revised rank list had been issued without affording the petitioner an opportunity of hearing. Consequently, the court quashed the revised rank list insofar as it related to the June 2012 batch and the Nani A. Palkhivala Memorial Gold Medal for 2012. The court directed the university to reconsider the matter after hearing the petitioner and other affected students, and to pass appropriate orders in accordance with law. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of Revised Rank List - The petitioner challenged the revised rank list issued by the Karnataka State Law University for LL.M. June 2012 batch and the Nani A. Palkhivala Memorial Gold Medal for 2012 on the ground that it was issued without notice and opportunity of hearing. The court held that the revised rank list was liable to be quashed as it was issued without affording the petitioner an opportunity of hearing, violating principles of natural justice. (Paras 1-3) B) Education Law - University's Power to Revise Results - Natural Justice - The court held that even if the university had the power to revise the rank list, it could not do so without giving notice and an opportunity of hearing to the affected students. The impugned revised rank list was set aside and the university was directed to reconsider the matter after hearing the petitioner and other affected students. (Paras 2-3)
Issue of Consideration
Whether the revised rank list issued by the Karnataka State Law University for LL.M. June 2012 batch and the Nani A. Palkhivala Memorial Gold Medal for 2012 is liable to be quashed on the ground that it was issued without notice and opportunity of hearing to the petitioner?
Final Decision
The writ petition is allowed. The revised rank list (Annex-K) issued by the Karnataka State Law University insofar as it relates to June 2012 batch and the Nani A. Palkhivala Memorial Gold Medal for 2012 is quashed. The university is directed to reconsider the matter after hearing the petitioner and other affected students and pass appropriate orders in accordance with law.
Law Points
- Natural justice
- opportunity of hearing
- quashing of revised rank list
- university's power to revise results
- principles of fairness
