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1 - 2 of 2 (0.16 seconds)Ram Kripalu Mishra vs University Of Bihar And Ors. on 23 April, 1963
It is then urged that no provision was made in s. 4 for
hearing of the teacher before passing an order thereunder.
Now s. 4 provides that the Chancellor will pass an order on
the recommendation of the Commission. It seems to us
reasonable to hold that the Commission before making the
recommendation would hear the teacher concerned, according
to the rules of natural justice. This to our mind is
implicit in the section when it provides that the Commission
has to make a recommendation, to the Chancellor on which the
Chancellor will pass necessary orders. If an order is
passed under s. 4 even though on the recommendation of the
Commission but without complying with the principles of
natural justice, that order would be bad and liable to be
struck down as was done by the Patna High Court in Ram
Kripalu Mishra v. University of Bihar(1). But we have no
difficulty in reading s. 4 as requiring that the Commission
before it makes its commendation must hear the teacher
concerned according to principles of natural justice.
Reading the section therefore in this way-and that is the
only way in which it can be read-we are of opinion that it
cannot be struck down under Art. 14 of the Constitution as
discriminatory.
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