Natural justice breach in certificate cancellation led to remand for fresh hearing and reasoned decision.

Cancellation of an eligibility certificate was found unsustainable because the authority did not afford a reasonable hearing after receiving the Law Department's opinion, amounting to breach of natural justice. The Court treated the defect as one in the decision-making process and reiterated that judicial review under Article 226 examines the legality of that process, not a reappraisal of the merits. The matter was remitted to the authority to hear the petitioner afresh and pass a reasoned order.

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Issues: Whether the cancellation of the eligibility certificate was vitiated for breach of natural justice in not affording a reasonable opportunity of hearing after receipt of the Law Department's opinion, and whether the impugned order could be sustained.

Analysis: The petitioner challenged the cancellation order on the ground that it was passed without a reasonable opportunity of hearing, particularly after the opinion of the Law Department had been obtained. The Court accepted that the opportunity earlier given was not reasonable because no hearing was afforded after receipt of that opinion. The Court treated the defect as one in the decision-making process and held that judicial review under Article 226 is confined to that process rather than an appellate reassessment of the merits.

Conclusion: The cancellation order was held unsustainable for breach of natural justice, and the matter was remitted to the authority to hear the petitioner afresh and pass a reasoned order.

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