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1981 Supreme(Ori) 126
High Court Of Orissa
P. K. Mohanti And J. K. Mohanty, JJ.
AMIYA KUMAR SWAIN - Appellant
Versus
PRINCIPAL, REGIONAL ENGINEERING COLLEGE, ROURKELA - Respondent
Original Jurn. Case 499 Of 1977
Decided On : 11/18/1981
A.K.MISRA, A.PASAYAT, B.S.MISHRA, DEEPAK MISRA, DEVANAND MISRA, L.RATH, N.C.PATNAIK, S.C.Das
The principles of natural justice require that a person be given an opportunity to defend themselves before a decision is made that adversely affects their rights.
Headnote:
NATURAL JUSTICE - VIOLATION - ADMISSION CANCELLATION - FALSE MARK-SHEET - OPPORTUNITY TO DEFEND - ESTOPPEL - LACHES - EDUCATIONAL INSTITUTIONS - ADMISSION AND EXAMINATION RESULTS CANCELLATION - PRINCIPLES OF NATURAL JUSTICE - APPLICABILITY.
Fact of the Case:
The petitioner, a student at the Regional Engineering College, Rourkela (R.E. College), had his admission canceled due to the submission of a false mark-sheet. The cancellation was based on a notification from the Orissa University of Agriculture and Technology (O.U.A.T.) which also canceled the petitioner's Pre-Professional (P.P.) Examination results for the same reason. The petitioner challenged these actions, arguing that the principles of natural justice were violated as he was not given an opportunity to defend himself.
Finding of the Court:
The court found that the petitioner was not given an opportunity to defend himself before his admission to the R.E. College and his P.P. Examination results were canceled. The court held that the principles of natural justice had been violated and quashed the cancellation orders.
Issues: 1. Whether the principles of natural justice were violated by the cancellation of the petitioner's admission and P.P. Examination results without giving him an opportunity to defend himself. 2. Whether the petitioner was estopped from challenging the cancellation orders due to his own fraud in submitting a false mark-sheet. 3. Whether the delay in taking action against the petitioner amounted to laches.
Ratio Decidendi: 1. The court held that the principles of natural justice were violated as the petitioner was not given an opportunity to defend himself before his admission to the R.E. College and his P.P. Examination results were canceled. The court relied on the decision in AIR 1970 SC 1039, where it was held that a candidate who had been allowed to appear in an examination and had answered all the question papers could not have his examination canceled without being given a show cause notice. 2. The court rejected the argument that the petitioner was estopped from challenging the cancellation orders due to his own fraud in submitting a false mark-sheet. The court held that fraud vitiates all actions and no court can uphold a right based on fraud. However, the court noted that the petitioner had not been given an opportunity to defend himself against the allegation of fraud. 3. The court held that the delay in taking action against the petitioner did not amount to laches as the petitioner had not been prejudiced by the delay.
Final Decision: The court allowed the writ petition, quashed the cancellation orders, and directed the R.E. College to admit the petitioner as a student in the 7th Semester.
J. K. MOHANTY, J.
( 1 ) THE petitioner was admitted as a student of Regional Engineering College, Rourkela (hereinafter mentioned as 'r. E. College') in Aug. , 1973. He passed the Preliminary Science (Engineering) Examination and I. Sc. (Engineering) Examination of Sambalpur University and joined the 1st Semester of the B. Sc. Engineering course. While he was studying in the 7th Semester in 1976-77, he received the order dated 18-8-1976 (Annexure 2) of the Principal, R. E. College wherein it was mentioned :
"the admission of Sri Amiya Kumar Swain (Present Roll No. 35-7th Semester) to this College with Roll No. 158 in the Academic Session 1973-74 is hereby cancelled as he has managed to take admission into the 1st Semester of the B. Sc. Course by producing false mark-sheet. It may be mentioned that the Orissa University of Agriculture and Technology, Bhubaneswar vide their notification No. 13983/uap dated 7th Aug. , 1976 have also cancelled his pre-professional trimester results of 1972-73 examination as he had managed to get himself admitted in the Pre-professional course of 1972-73 by producing false mark-sheet. "
Annexure 3 to the petition is the notification No. 13893/ouat dated 7-8-1976 of the Academic Council of the Orissa University of Agriculture and Technology (O. U. A. T.) which is as follows :-
"in pursuance of the Resolution No. 2084 dated 31-7-1976 of the Academic council the Pre-Professional Trimester results of 1972-73 in respect of Sri Amiya Kumar Swain, Adm. No. 2042 are cancelled as he had managed to get himself admitted in the Pre-Professional course of 1972-73 by producing a false mark-list. "
The petitioner has now come up with this writ petition with prayers to issue a writ of certiorari quashing the orders in Annexures 2 and 3 and to issue a writ of mandamus directing the O. P. No. 1 to allow the petitioner to continue as a student in the 7th Semester. According to the petitioner he passed the Pre-University Examination from Utkal University in 1971 and obtained the mark-sheet from S. V. M. College, Jagatsinghpur on the basis of which he was admitted to the Orissa University of Agriculture and Technology, Bhubaneswar. The mark-sheet is Annexure 4 to this petition. This shows that the petitioner has secured 427 marks out of 700 marks with Mathematics as a subject. He got himself admitted into the Pre-Professional. Class of O. U. A. T. and passed the same in first division in June, 1973 which is evident from Annexure 5 (mark-sheet issued by the O. U. A. T.) to this petition. On the basis of the mark-sheet of Pre-Professional Examination, 1973, the petitioner got himself admitted to the R. E. College, Rourkela. The grievance of the petitioner is that the Registrar, O. U. A. T. and the Principal, R. E. College, Rourkela did not consider it necessary to follow the principle of natural justice by calling upon him to submit his explanation to the charges brought against him on the basis of which his admission to the R. E. College and P. P. results were cancelled. According to the petitioner, had that been done, he could have put up his defence. The petitioner further submitted that he was awarded a Scholarship of Rs. 75/- per month on the basis of his merit in the qualifying examination for admission plus the college first terminal examination. The petitioner passed the Pre-Professional Examination of O. U. A. T. in 1973 in first division and thereafter he passed the Preliminary Science (Engineering) Examination in 1974 also in first division. He passed the I. Sc. (Engineering) Examination in 1976 with credit. It is strange that O. Ps. 1 and 2 have cancelled his admission and result about after four years on the allegation that he had submitted a false mark-sheet. The petitioner further averred that he had requisite qualification for admission to the Pre-Professional Class of O. U. A. T. and also to the Preliminary Science (Engineeiing) course of Sambalpur University. The petitioner being aggrieved by the orders
