2014 Supreme(Ori) 556

ORISSA HIGH COURT, CUTTACK
B.R. SARANGI, J.
Rajanikanta Priyadarshy - Petitioner
versus
Utkal University Represented through its Registrar and others. - Opp. Parties
W.P.(C) No. 22918 of 2013
Decided On : 23.12.2014

Headnote:1. CONSTITUTION OF INDIA, 1950 - Arts. 226 and 227 - +3 Final Degree (Regular) Examination, 2010 - Cancellation of petitioner’s result - Writ - Once the result has been published and on that basis the petitioner has already undergone higher studies and passed in different courses, subsequently his initial result cannot be cancelled on the ground that he has failed in the said examination - While declaring him fail, the minimum requirement of law in compliance to principles of natural justice has to be complied with by giving notice to the petitioner - In absence of any such notice and without giving opportunity to the petitioner, the cancellation has been made, therefore the same cannot be sustained in the eye of law - Orders passed by University quashed - Petitioner declared to have passed. (Paras - 25 and 26)

       2. NATURAL JUSTICE - Definition - It is another name for common sense justice-Rules of natural justice are not codified canons They are principles ingrained into the conscience of man - Natural justice is the administration of justice in a common-sense liberal way - Justice is based substantially on natural ideas and human values- Detail stated.

       The administration of justice is to be freed from the narrow and’ restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties. It is the substance of justice which has to determine its from. Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. (Para - 14)

       3. NATURAL JUSTICE - Concept - Rules of natural justice are not rules embodied always expressly in a statute or in rules framed thereunder - They may be implied from the nature of the duty to be performed under a statute - Detail stated.

       What particular rule of natural justice should be implied and what its context should be in a given case must depend to a great extent on the facts and circumstances of that case, the framework of the statute under which the enquiry is held. The old distinction between a judicial act and an administrative act has withered away. The adherence to principles of natural justice as recognized by all civilized states is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. Even an administrative order which involves civil consequence must be consistent with the rules of natural justice. The expression ‘civil consequence’ encompasses infraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages. In its wide umbrella comes everything that affects a citizen in his civil life. (Para - 15)

       4. NATURAL JUSTICE - Principles of - Judicial process – Quasi - judicial and administrative process.

       They constitute the basic elements of a fair hearing, having their roots in the innate sense of man for fair play and justice which is not the preserve of any particular race or country but is shared in common by all men. The first rule is ’nemo judex in causa sua’ or ’nemo debt esse judex in propria causa sua’ that is, ’no man shall be a judge in his own cause’. The second rule is ’audi alteram partem’ that is, ’hear the other side’. A corollary has been deduced from the above two rules and particularly the audi alteram partem rule, namely, quialiquid statuerit, parte inaudita altera acquum licet dixerit, haud acqwuum facerit’, that is ’he who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right’ or in other words, as it is now expressed "justice should not only be done buy should manifestly be seen to be done".

       Whenever an order is struck down as invalid being in violation of principles of natural justice, there is no final decision of the case and fresh proceedings are left open. All that is done is to vacate the order assailed by virtue of its inherent defect, but the proceedings are not terminated. (Paras - 16 and 17)