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1996 Supreme(Mad) 798
High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWAMI AND THE HONOURABLE MR. JUSTICE RAJU
Director General, Armed Forces and Others - Appellant
Versus
Ravi Bhatt - Respondents
W.A. Nos. 669 and 670 of 1996
Decided On : 07 August 1996
The principles of natural justice require that a person facing an inquiry or disciplinary proceedings must be given a fair and proper opportunity to be heard and to defend themselves.
Headnote:
NATURAL JUSTICE - PRINCIPLES OF - VIOLATION - COURT OF INQUIRY - CONDUCTED IN GROSS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE - DENIAL OF OPPORTUNITY TO THE PETITIONERS - IMPUGNED PROCEEDINGS QUASHED - CONSEQUENTIAL RELIEF OF ADMISSION DENIED - PROPER AND DUE ENQUIRY INTO THE ENTIRE EPISODE DIRECTED.
Fact of the Case:
Petitioners, who were selected for admission to the M.B.B.S. Course at Armed Forces Medical College, Pune, challenged the proceedings of the Court of Inquiry which disqualified them for admission based on alleged irregularities in the conduct of the entrance examination. They contended that the Court of Inquiry was incompetent to go into the aspect dealing with civilians like them, that they were not given a proper opportunity to defend themselves, and that the principles of natural justice were violated.
Finding of the Court:
The Court held that the impugned proceedings were vitiated due to gross violation of the principles of natural justice and denial of proper and effective opportunity to the petitioners. It found that the Court of Inquiry did not issue any charge memo to the petitioners, did not provide them with a fair and proper enquiry, and did not give them an opportunity to cross-examine witnesses or produce their own evidence.
Issues: 1. Whether the Court of Inquiry was competent to go into the aspect dealing with civilians like the petitioners? 2. Whether the petitioners were given a proper opportunity to defend themselves? 3. Whether the principles of natural justice were violated?
Ratio Decidendi: 1. The Court held that it was unnecessary to go into the question of the competency of the Court of Inquiry since the impugned proceedings were vitiated due to gross violation of the principles of natural justice. 2. The Court found that the petitioners were not given a proper opportunity to defend themselves as they were not issued with any charge memo, were not provided with a fair and proper enquiry, and were not given an opportunity to cross-examine witnesses or produce their own evidence. 3. The Court held that the principles of natural justice were violated as the petitioners were not given a proper opportunity to be heard and to defend themselves.
Final Decision: The Court partly allowed the writ appeals and quashed the impugned proceedings of the Court of Inquiry. It directed the first respondent to conduct a proper and due enquiry into the entire episode within six weeks and to decide the matter judiciously. The Court also directed that two seats be reserved unfilled for the 1996 Session of M.B.B.S., pending the decision of the enquiry.
D. RAJU, J.
The respondent herein the writ petitioners have filed two separate writ petitions, seeking for writs of mandamus, directing the respondents therein to admit the respective petitioner to the M.B.B.S., Course, at Armed Forces Medical College, Pune for the 1995 Session based upon the selections already made. Pending disposal of the main writ petitions, in W.M.P. Nos. l7671 and 17672 of 1995 interim orders were made for reserving two seats one each without filling up for both the petitioners, after hearing the counsel for respondents 1 and 2 on 5-9-1995. Similarly, in W.M.P. Nos.21428 and 21429 of 1995, respondents 3 to 5 also came to be impleaded having regard to certain subsequent developments coming to light. The prayers in the main writ petition also came to be amended as for writs of certiorarified mandamus in W.P. No. 11135 of 1995 to quash the telegram of the lst respondent bearing No. 87 and in W.P. No. 11134 of 1995 to quash the proceedings of the lst respondent dated 2-11-1995 and consequently direct the respondents 1 and 2 to admit the petitioner at the College and for the course referred to supra. The proceedings under challenge in both the writ petitions stated that based on the Court of Inquiry ordered to enquire into the alleged irregularities in the conduct of the Armed Forces Medical College, Pune, 1995 Session the Government of India, Ministry of Defence, have decided to disqualify the petitioners for admission to the said course.
2. Both the writ petitioners have completed their Plus Two Course successfully during the year 1994 under the CBSE Scheme. The father of Ravi Bhatt (Petitioner in W.P. No. 11133 of 1995) was serving as an Officer in the Military Hospital where the examinations in question were held, and the Officer-in-charge of the Examination and the Invigilator were his father's colleague Officers serving in the same Hospital where the father of the petitioner was posted. Similarly, the father of the petitioner Arun Lakshmanan (petitioner in W.P. No. 11134 of 1995) was a high ranking officer in Army Medical Corps and was employed as Deputy Director, Medical Services in the Area Head Quarters, Madras and control the Military Hospital, Madras also where the Examination was conducted. The officer of the Military Hospital and the Invigilator of the hall in question are subordinate to the father of this petitioner. The selection for admission to the college in question is based upon a written test followed by an oral interview for such of those candidates who have passed the written test and have been assessed and found to be suitable to appear for the interview. The college is said to be under the overall control of the first respondent viz., The Director General of Armed Forces Medical Services, Ministry of Defence, New Delhi.
3. According to the writ petitioners, they submitted their applications, that they were intimated to take part in the written examination, that the examination centre was St. Dominic's Anglo-Indian Higher Secondary School, Madras-16 and they performed well in the examination as a result of which the 1st respondent by his proceedings dated 16-5-1995 and 20-5-1995 assessed the petitioners to have passed the written test and held them to be suitable to appear for interview too. Consequently, the petitioners also appeared and performed well in the interview and were hopeful of selection. At that stage, the petitioners came to know through their parents that a Court of Inquiry will be held on 10-7-1995 to go into certain alleged irregularities in the conduct of the Entrance Examination. The petitioners were given to understand that on a complaint received from a person who also was said to have participated in the written examination and on the report of the Major General S. Biswas, SM, Dean and Deputy Commandant, Pune, the Court of Inquiry was held. It is in these circumstances, the writ petitions came to be filed apprehending that they may not be given admission n
