Bombay High CourtWP/5021/2017admittedallwdgrantedrule absolute

Sanjeev Kumar Jha S/O Harish Chandra Jha v. Mahatma Gandhi Antarrashtriya Hindi Vishvavidyalaya, Wardha Thr. Registrar And Others

2018-03-26Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

WP5021-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5021/2017 (SANJEEV KUMAR HARISH CHANDRA JHA VERSUS MAHATMA GANDHI ANTARRASHTRIYA HINDI VISHVAVIDYALAYA, WARDHA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri F.T. Mirza, counsel for the petitioner.

Shri A.C. Dharmadhikari, counsel for the respondents. CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : MARCH 26 , 2018.

By this writ petition, the petitioner has challenged the order of the respondent no.4-Executive Council, dated 23.06.2017 rejecting the appeal filed by the petitioner against the order of his debarment. Inter alia, the impugned order is challenged by the petitioner on the ground that the appeal is decided by the Executive Council without granting an opportunity of hearing to the petitioner. It is submitted that it was necessary for the Executive Council to have heard the petitioner before deciding his appeal. Shri Dharmadhikari, the learned counsel for the respondents, states on instructions that the petitioner was not heard before the appeal was decided and the Executive Council would take a fresh decision after hearing the petitioner.

In view of the statements recorded hereinabove, the writ petition is partly allowed and the impugned order is quashed and set aside. The Executive Council is directed to decide the appeal of the petitioner after granting an opportunity of hearing to him within six weeks. Order accordingly. No costs.

JUDGE JUDGE APTE