Auricle Technologies Pvt. Ltd. Through Rahul Sharma, v. University Grants Commission Through Chairman

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7849/2018 AURICLE TECHNOLOGIES PVT. LTD. THROUGH RAHUL SHARMA, ..... Petitioner Through:

Mr. Mithilesh Kumar, Mr. Manmilan Sidhu and Ms. Nupoor Maharaj, Advocates versus UNIVERSITY GRANTS COMMISSION THROUGH CHAIRMAN ..... Respondent Through:

Mr. Avansih Rathi with Ms. Nidhi Mittal, Advocates for Mr. Apoorv Kurup, Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 30.07.2018 The solitary grievance articulated on behalf of the petitioner in the present writ petition is to the effect that vide a notification dated 2nd May, 2018, the petitioner's Journal has been removed from the list of Journals approved by the University Grants Commission (UGC) without affording them an opportunity of being heard. Learned counsel appearing on behalf of the petitioners states that the act of commission on behalf of the UGC is violative of the Principles of Natural Justice which require an authority to afford an opportunity of being heard to the individual before visiting him with adverse civil consequences.

Learned counsel appearing on behalf of the UGC submits that, although the reasons why the petitioner's Journal has been deleted

from the list of approved Journals by them have been communicated to the petitioner, it is an admitted position that, no opportunity of being heard was afforded to the latter before the issuance of the impugned notification.

In my view, on that ground alone, the petition deserves to be allowed.

The Principles of Natural Justice are embedded in our jurisprudence and no Body or Authority can visit the person with an action having adverse civil consequences without affording them an opportunity of being heard.

In this view of the matter, insofar as, the impugned notification removing the petitioner's Journal from the list of approved Journals is concerned, the same is quashed. The UGC is, however, at liberty to issue a show cause notice to the petitioner, in the event they propose to remove the name of the latter's Journal, from the list of approved Journals, in accordance with law.

Needless to state that, the petitioner would be afforded an opportunity of being heard before a decision is taken by the UGC in this behalf.

In view of the above, the present petition is disposed of in similar terms, as in the case of Amit Educational and Social Welfare Society (Regd.) and Anr. (Supra). It is directed that UGC shall issue a show cause notice indicating the reasons as to why the Journals of the petitioners have been removed from the list of Journals. The UGC shall also afford the petitioners due opportunity of filing a reply and also afford them an opportunity to be heard. The UGC shall thereafter, pass a speaking order, a copy of which shall be furnished

to the petitioners. The aforesaid process is directed to be completed within a period of four weeks from today.

With the above direction, the writ petition is disposed of. SIDDHARTH MRIDUL, J JULY 30, 2018 p