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TMI Blog2015 (7) TMI 1437X X X X Extracts X X X X X X X X Extracts X X X X ..... connected therewith or incidental thereto. As the questions call for decision in the present writ petition are to be decided taking into consideration of the provisions of the CMJ University Act, 2009 (for short 'the said Act of 2009'), it would be more profitable to reproduce the relevant Sections of the said Act of 2009. Accordingly, the relevant Sections of the said Act of 2009 are reproduced hereunder:- "1. (1) This Act may be called CMJ University Act, 2009 (2). It shall come into force on such date as the State Government may, by notification appoint. Definitions 2. In this Act, unless the context otherwise indicates: (i.) "Academic Council" means the Academic Council of the University; (ii.) "Act" means the CMJ University Act, 2009; (iii.) "AICTE" means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987; (iv.) "Affiliated College" means a college or an institution which is affiliated to this University; (v.) "Annual Report" means the annual report of the University as prepared in Section 45 of the Act; (vi.) "BCI" means the Bar Council of India; (vii.) "Board of G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sity Grants Commission Act, 1956; (xl.) "University" means CMJ University, established under this Act; (xli.) "Vice Chancellor" means Vice Chancellor of the University appointed under Section 15 of the Act; (xlii.) "Visitor" means the Visitor of the University as referred to in Section 13 Chapter 2 The University and its Object Proposal for the establishment of the University 3.(1) The sponsor shall have the right to establish the University in accordance with the provisions of this Act and the guidelines issued by the UGC. (2) The sponsor shall make an application containing the proposal to establish the university to the State Government. (3) The proposal may contain the following particulars, namely: (a) The object of the University along with the details of the Sponsor; (b) The extent and status of the University and the availability of land; (c) The nature and type of programmes of the study and research to be undertaken in the University during a period of the next five years; (d) The nature of faculties, courses of study and research proposed to be started; (e) The campus development such as buildings, equipment and structural amenities; (f) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t comes into force the University may obtain permission from the UGC to set up such off-Campus Centre(s) and/or Study Centre(s) and/or regional centres and/or off-shore campuses. (4) The Chancellor, the Vice Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University. (5) On the establishment of the University under Sub-Section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya shall vest in the University. (6) The land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired. University not to be entitled to financial assistance. 5. The University shall be self-financing and shall not make a demand to any grand-in-aid or any other financial assistance from the State Government or any other body or Corporation owned or controlled by the State Government. ***** * ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Powers of the University. 8. The University shall have the following powers, namely: (a) To establish, maintain and recognize such Regional Centres, Study Centres, Campuses, Off-campus Centres and Off-shore campuses as may be determined by the University from time to time in the manner laid down by the Statutes; (b) To confer degrees, diplomas, certificates or other academic distinctions etc. (c) To institute and award fellowships, scholarships and prizes etc; (d) To launch any academic & research programmes & courses, discipline of education which deemed suitable for meeting the object clause 7 of the University. (e) To determine, demand and receive fees, bills, invoices and collect charges to fulfill the object of the University, (f) To make provisions for extra curricular activities for students and employees; (g) To appoint the faculties, teachers, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres, campuses, establish, maintain and recognize such Regional Centres, Study Centres and Campuses, Off-campus Centres and Off-shore campuses located in India and abroad; (h) To receive donations and g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in the University and to withdraw such recognition at any time; (t) To create Industry Academia partnership by inviting Industry in the University campus and other university Centres for mutual benefits. (u) To raise, collect, subscribe and borrow with the approval of the Board of Governors whether on the security of the property of the University, money for the purposes of the University; (v) To enter into, carry out, vary or cancel contracts; (w) To create, amend and cancel the rules and regulations to fulfill the object of the University. (x) To do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the object of the University; (y) To carry out all such other activities as may be necessary or feasible in furtherance of the object of the University; (z) To do all things necessary or expedient to exercise the above powers; ***** ***** ***** Chapter 3 Officers of the University 12. The following shall be the officers of the University: a) The Chancellor; b) The Vice-Chancellor; c) The Registrar; d) The Finance Officer; and e) Such other officers as may be declared by the Act to be officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officers or authority as would have in the ordinary course dealt with the matter. Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final. Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, and appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor. (5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, or is likely to be prejudicial to the interest of University, he shall request the concerned authority to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vi) An educationist of repute to be nominated by the Sponsor; .................... The Academic Council 23. (1) The Academic Council shall consist of,- (a) The Vice-Chancellor as Chairman (b) The Registrar as Secretary (c) The Finance Officer (d) Such other members as may be prescribed in the statutes (like Dean, HOD, Professors). (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, and the Rules & Regulations, coordinate and exercise general supervision over the academic policies of the University. ***** ***** ***** ***** ***** ***** General Fund 41. (1) The University shall establish an Endowment Fund of at least Rupees Two Crore. (2) The University shall have power to invest the Endowment Fund in such manner as may be prescribed. (3) The University may transfer any amount from the General Fund or the Development Fund to the Endowment Fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the Endowment Fund for other purpose. (4) Not exceeding 75% of the incomes received from the Endowment Fund shall be used for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Act, and the Statutes made thereunder; (k) The payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the Sponsoring Body, as approved by the Board of Management to be an expense for the purpose of the University; Provided that no expenditure shall be incurred by the University in excess of the limits for the total recurring expenditure and the total non-recurring expenditure for the year as may be fixed by the Board of Management without the previous approval of the Board of Management; Provided further that the General fund shall be applied for the object specified under sub-section (2) with the prior approval of the Board of Management of the University. ***** ***** ***** ***** ***** ***** Annual Report 45. (1) The Annual Report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval. (2) The Board of Governors shall consider the Annual Report in its meeting and may approve the same with or without modification; (3) A copy of Annual Report duly approved by the Boa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ponsor, to establish an Endowment Fund in accordance with the guidelines issued by the UGC and after the establishment of the Endowment Fund, the State Govt. may, by notification in the Official Gazette, accord sanction for establishment of the university in accordance with the guidelines issued by the UGC. Under Section 14(1) of the said Act of 2009, the sponsor shall appoint a person suitable to be appointed as the Chancellor of the university subject to the approval of the Visitor. The petitioner No. 1 i.e. CMJ Foundation is a registered Trust and is sponsor of CMJ University in terms of the said Act of 2009, the petitioner No. 2 is the University established under the said Act of 2009 and the petitioner No. 3 is the Trustee of the petitioner No. 1. 4. The Board of Trustees of CMJ Foundation met on 29.07.2009 at Shillong and decided to adopt resolution appointing Shri. Chandra Mohan Jha as the Chancellor of the University in terms of Section 14(1) of the said Act of 2009. The petitioner No. 1 sent letter dated 03.08.2009 to the Commissioner & Secretary Education, Govt. of Meghalaya seeking approval of the Visitor for appointment of the Chancellor along with the said letter, bio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty). 4. Subsequently, under Section 40 of the CMJ University, the Chancellor of the University is empowered to appoint the first Chancellor, the first Registrar, the first Finance Officer and shall constitute the first Academic Council, the first Board of Management, the first Academic Council of the University to make it operational. 5. In pursuance of the provisions of the Section 14.1 & Section 40 of CMJ University Act No. 4, 2009, the Secretary of the CMJ Foundation vide its letter No. cmjf/univ/shg/09/26 dated 03.08.2009 recommended the name of Mr. C.M. Jha, Chairman, CMJ Foundation for appointment of the Chancellor of the CMJ University (Copy enclosed Annexure 3). 6. Now it is more than 2 months, and the approval of Governor (Visitor of the University) is yet to be received to such effect, so that the University may be made operational as per the provisions of the CMJ University Act No. 4, 2009. We request you again, to kindly look into the above mentioned points/facts, personally so that the university may start functioning with immediate effect. It may also be mentioned that the admission of the students to various courses for the present academic session 2009-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010, the petitioner No. 1 again submitted to the State Govt. that if the approval is not granted by the Visitor by 25th April, 2010 (due to typographical error in letter, it was mentioned 25th February, 2010), it would be deemed that the approval of Chancellor has been granted by the Visitor. But no response was received refusing the appointment of Chancellor by the Visitor. The said letter dated 01.04.2010 (Annexure-10 to the writ petition) reads as follows:- "CMJ FOUNDATION Ref. No. CMJC/Uni/SHG/2010/429 Date: 01.04.2010 To, The Under Secretary to the Govt. of Meghalaya, Education Department, Shillong. Sub: Appointment of Chancellor for CMJ University Ref: Your letter No. EDN.142/2001/46 dated Shillong, the 18th March 2010. Sir, In inviting a reference to the above cited subject, we would like to inform your good office that we have neither received your letter No. EDN.142/2009/45 dated 24.02.2010 nor the copies of letters issued by the Hon'ble Governor of Meghalaya vide memo No. GSMG/CMJ/82/2009/116 dated 02.09.2009 addressed to the Commissioner & Secretary to the Government of Meghalaya, Education Department etc. and Memo No. GSMC/CMJ/82/2009/1286 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the Government of Meghalaya to establish an endowment fund in accordance with the guidelines issued by UGC. Therefore, the sponsors have invested a considerable amount in purchasing 52 acres of land at Sumer, Ri Bhoi District, Meghalaya to establish its permanent campus apart from the investment in temporary infrastructure and other paraphernalia amounting to more than Rs. 3.00 crores for establishment of the CMJ University. However, owing to inordinate delay in according the approval of the Chancellor of the University and also delay in nomination of one State Respective and one educationalist in our Board of Governors, we have suffered irreparable loss both monetary and otherwise as we could not start functioning of CMJ University in time. 3. Whether all other conditions required before appointment of Chancellor has been fulfilled by the University. As regards the conditions in respect of appointment of Chancellor, we have not found any such condition in the CMJ University Act which may prevent the Government of Meghalaya or the Visitor of the University to approve the appointment of the First Chancellor of CMJ University. 4. Whether the Government is satisfied that all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009/66 - In pursuance of the Section 4(2) of the CMJ University Act, 2009 the Governor of Meghalaya is pleased to accord sanction for establishment of the CMJ University. W. KHYLLEP Officer on Special Duty to the Government of Meghalaya Education Department." 8. Section 21 (1) of the said Act of 2009 provides that the Board of Governors shall consist amongst others, one representative of the State Govt. as Educationalist of repute to be nominated by the State Govt. Having regard to the fact that the appointment of the Chancellor had not been disapproved by the Visitor, the State Govt. nominated two members in the Board of Governors of the university vide letter dated 16.07.2010 (Annexure-12 to the writ petition) which reads as follows:- "GOVERNMENT OF MEGHALAYA EDUCATION DEPARTMENT No. EDN.142/2009/69 Dated Shillong, the 16th July, 2010 From: Smti. E. Kharwawphlang, Under Secretary to the Government of Meghalaya Education Department. To: Shri. C.M. Jha, CMJ University, Modrina Mansion, Laitumkhrah, Shillong, Meghalaya-793003. Sub: Representative of the State Government to the Board of Governor of the CMJ University. Ref: CMJU/SHG/2010/003 dated 20.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction of the State as per the UGC (Establishment of and Maintenance of Standards in Private University) Regulation, 2003 and the judgment of the Hon'ble Supreme Court in the case of Prof. Yashpal v. State of Chhattisgarh. Keeping in view of the above, you are requested to ensure on the following: 1. No off campus centres(s) is opened by your University outside the territorial jurisdiction of the State in view of the judgment of Hon'ble Supreme Court of India in case of Prof. Yash Pal vs. State of Chhattisgarh. 2. In case the University has already started any off campus centre outside the State, it must be closed immediately. It may also be ensured that any off campus centre within the State shall be opened only as per the provision laid down in the UGC (Establishment of and Maintenance of Standards in Private University) Regulation, 2003 and with the prior approval of UGC. 3. The University shall not have any affiliated colleges. 4. The University has to follow UGC (Minimum standards and procedure for award of M.Phil/Ph.D degree) Regulations, 2009. The University is required to follow the UGC (Establishment and Maintenance of Standards in Private Univer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies/Councils, wherever required. CMJ University, Shillong (Meghalaya) is not authorized to open study centre/off campus centre beyond the territorial jurisdiction of the State as per the judgment of Hon'ble Supreme Court of India in the case of Prof. Yash Pal Vs. Chhattisgarh. The University can not open its centre even within the State as per the provision of UGC Regulations, 2003 without the approval of UGC 2. CMJ University Meghalaya is eligible to award Ph.D. Degrees without being approved by UGC and the degree will be valid or not? 4. Under which Section of UGC the CMJ University Meghalaya can award Doctoral/Degree/Diploma? 2 & 4 University can award Ph.D. degree as per UGC Regulation, 2009 in regular mode in the main campus of the University. If above procedure is followed then degree is valid 3. Please provide what number of Ph.D. degrees can be awarded by the University in a year as per UGC guideline, 2009. 5. Are all courses approved by State Govt. and UGC? 3 & 5 May be asked for from the University concerned in this regard 6. Its Doctoral/Degree/Diploma Programmes are approved for govt. job as well as for hither studies. the degree/diploma programmes have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and address of the guide and date of award of degree. (vii) Whether the proforma for submission of information by the State Private Universities for ascertaining their norms and standards had been submitted by the CMJ University to the University Grants Commission (UGC)? If so, a copy of the same. In response to the said letter of the Deputy Secretary to the Governor of Meghalaya dated 04.04.2013, the petitioner No. 1 vide letter 09.04.2013 forwarded the letter of appointment of Chancellor along with the resolution of the Board of Trustees of CMJ Foundation and with regard to other issues for which the information was sought, it was not possible to furnish the information in such short time, time was sought to furnish the information. In that letter of the petitioner No. 1, it was also stated that the CMJ University has not established any off campus counseling centres run by the CMJ University. With regard to collaboration, it was submitted that in terms of Section 7(e) of the said Act of 2009, collaboration has been made with apex E-learning Technologies Ltd. Bangalore for promoting Industrial Collaborating education and research programme as an innovative initiative. The peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Ph.D. degree. 13. Vide letter dated 24.04.2013 issued by the Deputy Secretary to the Governor of Meghalaya directed the petitioner No. 1 to provide the actual fact as to the Assam based newspaper publishing several names who belong to Assam are awarded with Ph.D. degree by the CMJ University. Again on 26.04.2013, the Deputy Secretary to the Governor of Meghalaya sought information regarding list of students enrolled in M.Phil programme, address of the students and date of enrollment and similar information in respect of Ph.D. qualification and also as to whether the CMJ University had awarded Ph.D. degree during the calendar year 2010 and 2011. The said voluminous information was to be furnished by the petitioner No. 1 within a period of three days i.e. 29.04.2013. The Principal Secretary to the Governor of Meghalaya lodged a complaint on 26.04.2013 against the CMJ University and its officials to the Director General of Police, Meghalaya, Shillong and requested for investigation into the functioning of the CMJ University in Meghalaya. On the same day, the Visitor sought more information. It is the further case of the petitioners that criminal case was lodged with the object to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the other hand the faculty strength of the CMJ University is only 10 teachers with Ph.D. qualification. The enrollments and award of Ph.D. degrees are in contravention of the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D. Degree) Regulations, 2009. 5. The CMJ University issued a false and misleading newspaper advertisement in the Shillong Times on April 22nd 2013 claiming that the University has not yet awarded any Ph.D. degree to any of the students enrolled form the State of Assam. On the other hand this office has reliable information that the CMJ University has awarded Ph.D. degree to candidates from Assam. 6. The CMJ University has not submitted the Annual Reports to the Visitor in violation of Section 45(3) of the CMJ University Act, 2009. 7. CMJ University has also acted in contravention of Section 52 of the CMJ University Act, 2009 in respect of maintenance of standards and other related matters applicable to Private Universities. In view of the above, the Governor of Meghalaya, in his capacity as the Visitor of the CMJ University issued the following directions under the Section 13(3)(b) of the CMJ University Act, 2009 for immediate compliance: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding these matters. For easy reference, the said letter of the Deputy Secretary to the Governor of Meghalaya dated 02.09.2009 is quoted herein under:- "GOVERNOR'S SECRETARIAT:::MEGHALAYA RAJ BHAVAN, SHILLONG No. GSMG/CMJ/82/2009/1116 September 2, 2009. From: Shri K.G. Choudhury, Deputy Secretary to the Governor of Meghalaya, Raj Bhavan, Shillong. To: The Commissioner & Secretary to the Government of Meghalaya, Education etc. Departments, Shillong. Sub: Appointment of the Chancellor of the CMJ University. Sir, I am enclosing herewith a copy of letter No. Cmjf/univ/shg/09/26 dated 3rd August, 2009 regarding recommendation the name of Shri Chandra Mohan Jha as the first Chancellor of the CMJ University by the Governor who is the visitor of the said University. Before approval of the same, the Governor desires to have the clarifications on the following issues: (1) Whether the CMJ University has complied with the UGC's norms and guidelines? (2) Whether the University has fulfilled the conditions laid down in Section 3(1) and 4(1) & 4(2) of the CMJ University Act? (3) Whether all other conditions required before appointment of Chancellor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned letter/order dated 30.04.2013 was issued by the Principal Secretary to the Governor of Meghalaya illegally and irregularly. We have also given our anxious consideration to the judgment and order passed by the learned Single Judge dated 16.05.2013 and are in complete agreement with the reasons given by the learned Single Judge, vide judgment and order dated 16.05.2013, for declining to interfere with the impugned order/letter dated 30.04.2013. 16. Accordingly, this writ appeal is dismissed." 15. The petitioners filed SLP being SLP (Civil) No(s). 19617/2013 against the said judgment and order of this Court dated 31.05.2013 in the Supreme Court. The CMJ University in view of the pending cases before the Apex Court and also in view of the fact that the police had arrested its officials Registrar, Deputy Registrar, Director etc. was handicapped in providing the information sought for by the Visitor. The learned counsel for the CMJ University approached the police for providing the copies of seized documents and also approached the Chief Judicial Magistrate for the purpose of seeking compliance of the directives of the Visitor on 10.06.2013. A request was also made to the V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition are permitted to file the special leave petition. These petitions are directed against judgment dated 31.5.2013 of the Division Bench of the Meghalaya High Court whereby the appeal filed against the order of the learned Single Judge refusing to quash order dated 30.4.2013 passed by Principal Secretary to the Governor of Meghalaya under Section 13(3)(b) of the CMJ University Act, 2009 (for short, 'the 2009 Act') was dismissed. During the pendency of the special leave petitions, the Visitor-cum-Governor, Meghalaya made comprehensive recommendations on 12.6.2013 for dissolution of the University on the grounds of mismanagement, maladministration, indiscipline and failure in the enforcement of the objectives of the University, apart from criminal liability. The note containing the decision of the Visitor including the recommendations made by him reads as under: "1. I have perused the letter dated 10th June, 2013 from Shri S.P. Sharma, Advocate for CMJ Foundation with reference to the Directives issued by this office vide letter No. GSMG/CMJU/82/2009/311 dated 24th May, 2013. It is observed that the CMJ Foundation/University has moved the Court of Chief Judicial Magist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... niversity are in two parts; i) It started functioning without the Chancellor whose appointment has not been approved by the Visitor, and ii) it functioned in gross violation of the standards and norms set by the University Grants Commission and other regulatory bodies, CMJU Act 2009, and Meghalaya Private Universities (Regulations of Establishment and Maintenance of Standards) Act 2012. This is even more serious an offence; it constitutes a breach of trust in addition. Even with the legally appointed Chancellor no university can be allowed to function with such fraudulent intent and vitiate the academic environment, disgrace the institution of higher learning and bring disrepute to the state where it is established. 6. On the basis of facts and circumstances available it is concluded that the university committed the following grave irregularities: i) The University functioned from 17/10/2010 with the self-appointed Chancellor without the approval of the Visitor in terms of Section 14(1) of the CMJ University Act, 2009 on the presumption of "deemed approval" of the Visitor. This is not legally valid and the position has been affirmed by the order dated 16th May, 2013 of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Prof. Yashpal & Anr. Versus State of Chhattisgarh & Ors. vii) It is offering distance education programme outside the boundaries of Meghalaya and outside India. These actions are in gross violation of UGC Regulations and guidelines. viii) Total students enrolled by CMJ University as per information submitted by the University in 2010-11:176, 2011-12: 469, 2012-13: 2734. All these admissions are illegal as all its actions are db initio void in absence of a legally appointed Chancellor. x) The University has violated Section 45(3) and Section 46(4) of the CMJ University Act, 2009 by not submitting the Annual Report and the Annual Accounts/Balance Sheet and the Audit Report to Visitor. xi) Even after the initiation of actions by the Visitor the University continued to mislead the students and public by press statements. It issued a news paper advertisement in the Shillong Times on 22nd April, 2013 claiming it has not yet awarded any PhD degree to any of the students enrolled from the State of Assam which is false. Again it issued advertisement in newspaper on 2nd May and 16th May, 2013 in matters of holding Convocation and Award of PhD Degree knowing full well that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 013, the State Govt. issued Show Cause bearing No. EDN.110/2013/33 dated 12.11.2013 (Annexure-33 to the writ petition) to the petitioners, which reads as follows:- "GOVERNMENT OF MEGHALAYA EDUCATION DEPARTMENT No. EDN.110/2013/33 Dated Shillong, the 12th November, 2013. From: Shri.B.S. Sohliya, Deputy Secretary to the Govt. of Meghalaya, Education Department. To: Vice Chancellor/Registrar, CMJ University, Laitumkhrah, Shillong. Subject: Show cause against the on mismanagement, mal administration, in-discipline, failure in the accomplishment of the objectives of CMJ University. In pursuance of orders of the Hon'ble Supreme Court dated 13/9/2013, the CMJ University is asked to show cause why action under Section 48 of the 2009 Act may not be taken for the following alleged failures:- 1. Whereas, on the basis of facts and records the University functioned from 7.10.2010 with a self appointed Vice Chancellor without approval of the Visitor as required under Section 14(1) of the CMJ University Act, 2009 (hereinafter referred to as the 'Act'). 2. Whereas, the University has not submitted the annual report and the annual account, balance sheet and audit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the regulatory bodies and without affiliation. The B.Ed. degrees awarded by the CMJ University were held to be invalid in the eye of Law by the order dated 24th May, 2013 of the Hon'ble High Court of Gauhati. 10. Whereas, the Shillong Engineering and Management College was de-affiliated by NEHU from academic session 2011-2012. This College, which was in existence prior to the sanction for establishment of the CMJ University, cannot be affiliated with the CMJ University. While the fate of the students of this College was already uncertain in view of the said de-affiliation, the College continued to make admissions by misleading the students that the degrees will be issued by the CMJ University. 11. Whereas, the CMJ University continued to mislead the student and public by incorrect press statement through Newspaper advertisement in the Shillong Times on 22nd April, 2013, 2nd May, 2013 and 16th May, 2013 regarding the Ph.D. Degree, convocation etc. 12. Whereas, CMJ University have failed to comply with the directions of the Visitor as directed vide No. GSMG/CMJU/82/2009/143 dated 30th April, 2013 and No. GSMG/CMJU/82/2009/311 dated 24th May, 2013. 13. Whereas, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd show cause notice dated 24.01.2014, the Registrar of the CMJ University submitted the show cause reply with the assurance that if any direction are issued in future for rectification of any alleged shortcoming, the management system of the University would follow them accordingly and in earnest. The State Govt. without issuing direction to the management system of the University to correct the mismanagement and mal administration, if any, and also without affording reasonable opportunity as provided under Sub-Sections (2) & (3) of Section 48 issued the impugned order dated 31.03.2014 for dissolution of the CMJ University with immediate effect. The main ground for challenging the impugned order dated 31.03.2014 is that the State respondents did not comply with the mandatory requirement as provided under Sub-Sections (2), (3) and (4) of Section 48 and also the directions of the Apex Court in the judgment and order dated 13.09.2013 in passing the impugned order dated 31.03.2014 as well as in issuing the show cause notices dated 12.11.2013 and 24.01.2014. Learned senior counsel appearing for the petitioners by placing heavy reliance under Section 48(2) & (3) of the said Act of 2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce are necessarily forbidden. It is all the more necessary to observe this rule where power is of a drastic nature and its exercise in a mode other than the one provided will be violative of the fundamental principles of natural justice. For this settled principle of law, it would be sufficed to refer to the decisions of the Apex Court in (i) Patna Improvement Trust v. Laxmi Devi & Ors (4 Judges): AIR 1963 1077; (ii) State of Gujarat v. Shantilal Mangaldas & Ors (Constitution Bench): 1969 (1) SCC 509 and; (iii) Hukum Chand Shyam Lal v. Union of India & Ors (4 Judges): (1976) 2 SCC 128. The relevant portion of Para 12 of the AIR in Patna Improvement Trust case (Supra) reads as follows:- "12........A combined effect of the said two principles may be stated thus: a general Act must yield to a special Act dealing with a specific subject-matter and that if an Act directs a thing to be done in a particular way, it shall be deemed to have prohibited the doing of that thing in any other way. Under the Act, the Trust is authorized to implement the improvement schemes in a particular way and for the purposes of implementing them to acquire the land in a prescribed manner........" The rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plated under Section 48(2) of the said Act of 2009. Learned Advocate General appearing for the State respondents contended that sufficient directions had been issued by the Visitor by referring to the earlier directions discussed in the aforesaid paras before passing the said judgment and order of the Apex Court dated 13.09.2013. On plain perusal of Section 48(2) of the said Act of 2009, it is clear that it is not the Visitor who is to issue direction but it is the State Govt. to issue the direction under Section 48(2) of the said Act of 2009. The show cause notice is the one for asking explanation as to why action of punitive nature should not be taken against a person to whom show cause notice had been issued. The learned senior counsel appearing for the petitioners by referring to the impugned show cause notice dated 12.11.2013 further contended that the impugned show cause notice only referred to the direction of the Visitor to the University before passing the said judgment and order of the Apex Court dated 13.09.2013. Learned senior counsel further contended that the post-decisional hearing was not contemplated under Section 48(3) of the said Act of 2009 inasmuch as, the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Ghosh's case (Supra) reads as follows:- "14. A post-decisional hearing was not called for as the disciplinary authority had already made up its mind before giving an opportunity of hearing. Such a post-decisional hearing in a case of this nature is not contemplated in law. The result of such hearing was a foregone conclusion." Paras 15 & 16 of SCC in K.I. Stephard's case (Supra) read as follows:- "15. Fair play is a part of the public policy and is a guarantee for justice to citizens. In our system of Rule of Law every social agency conferred with power is required to act fairly so that social action would be just and there would be furtherance of the well-being of citizens. The rules of natural justice have developed with the growth of civilization and the content thereof is often considered as a proper measure of the level of civilization and Rule of Law prevailing in the community. Man within the social frame has struggled for centuries to bring into the community the concept of fairness and it has taken scores of years for the rules of natural justice to conceptually enter into the field of social activities. We do not think in the facts of the case there is any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dopted the resolution appointing Shri. Chandra Mohan Jha as Chancellor of the University in terms of Section 14(1) of the said Act of 2009 and the petitioner No. 1 sent the letter dated 03.08.2009 to the Commissioner & Secretary, Education Department, Govt. of Meghalaya, seeking approval of the Visitor for appointment of the Chancellor i.e. Shri. Chandra Mohan Jha. Several reminders had been sent to the Visitor to approve the appointment of the Chancellor. As the Visitor did not object to the appointment of the Chancellor, the State Govt. issued a Notification dated 17.06.2010, that the Governor of Meghalaya is pleased to accord sanction for the establishment of the CMJ University and the CMJ University had started functioning with Shri. Chandra Mohan Jha as Chancellor. Three years after the said resolution dated 29.07.2009 for appointing Shri. Chandra Mohan Jha as Chancellor, the Deputy Secretary to the Govt. of Meghalaya under his letter dated 11.04.2013 informed the CMJ University that the appointment of the Chancellor of the University by the CMJ Foundation is irregular, as the said appointment does not have the approval of the Visitor which is mandatory under Section 14(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . of India v. Escorts Ltd. : 1986 (1) SCC 264, considering the distinction between "special permission" and "general permission" "previous approval" or "prior approval" in paragraph 63 held that "we are conscious that the word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it, we find no such compelling circumstances justifying reading any such implication into Section 29(1) of the Act". Ordinarily, the difference between approval and permission is that in the first case the action holds good until it is disapproved, while in the other case it does not become effective until permission is obtained. But permission subsequently granted may validate the previous act. As to the word 'approval' in Section 33(2)(b) of the Industrial Disputes Act, it was stated in Lord Krishna Textiles Mills Ltd. v. Workmen : AIR 1961 SC 860 : (1961) 1 LLJ 211 that the management need not obtain the previous consent before taking any action. The requirement that the management must obtain approval was distinguished from the requirement that it must obtain permission, of which mention is made in Section 33(1)." P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case, that the power conferred has been exercised for an extraneous or irrelevant purpose or that the mind has not been applied at all to the real object or purpose of a power, so that the result is that the exercise of power could only serve some other or collateral object, the Court will interfere. The Apex Court in Ranjit Thakur v. Union of India & Ors : (1987) 4 SCC 611 held that Judicial review generally speaking, is not directed against a decision, but is directed against the "decision making process". The question of the choice and quantum of punishment is within the jurisdiction and discretion of the Court-Martial. But the sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. The doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the Court-Martial, if the decision of the Court even as to sentence is an outrageous defiance of logic, then the sentence would not be immune from correction. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o administrative functions unless decision is tainted by any vulnerability enumerated above; like illegality, irrationality and procedural impropriety. Whether action falls within any of the categories has to be established. Mere assertion in that regard would not be sufficient. 27. It is now well settled that judicial review of the administrative action/quasi judicial orders passed by the Govt. is limited only to correcting the errors of law or non compliance with/breach of fundamental procedural requirements which may lead to manifest injustice. The Apex Court in Kalinga Mining Corporation v. Union of India & Ors : (2013) 5 SCC 252 held that it is by now well settled that judicial review of the administrative action/quasi judicial orders passed by the Government is limited only to correcting the errors of law or fundamental procedural requirements which may lead to manifest injustice. When the conclusions of the authority are based on evidence, the same cannot be re-appreciated by the court in exercise of its powers of judicial review. The court does not exercise the powers of an appellate court in exercise of its powers of judicial review. It is only in cases where either findi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der: i) Illegality: This means the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. ii) Irrationality, namely, Wednesbury unreasonableness. iii) Procedural impropriety. The above are only the broad grounds but it does not rule out addition of further grounds in course of time" The aforesaid judgment has been followed again and again. It was clearly observed in the said judgment that where the Court comes to the conclusion that the administrative decision is arbitrary, it must interfere. However, the Court cannot function as an appellate authority substituting the judgment for that of the administrator." 28. The Apex Court in Haryana Financial Corporation & Anr v. Jagdamba Oil Mills & Anr: (2002) 3 SCC 496 held that the obligation to act fairly on the part of the administrative authorities was evolved to ensure the rule of law and to prevent failure of justice. This doctrine is complementary to the principles of natural justice which the quasi-judicial authorities are bound to observe. It is true that the distinction between a quasi-judicial and the administrative action has become thin, as pointed out b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt is of the considered view that there was non-compliance with or breach of the fundamental procedural requirements as provided under Section 48 of the said Act of 2009 as well as principles of natural justice and the concept of the obligation of the administrative authorities to act fairly in issuing the show cause notices dated 12.11.2013 and 24.01.2014 and passing the impugned order dated 31.03.2014 which would lead to many facets injustice. Thus, the impugned order dated 31.03.2014 and the show cause notices dated 11.12.2013 and 24.01.2014 are hereby quashed and set aside.
30. In the result, the State Govt. may take steps in strict compliance with the provisions of the CMJ University Act, 2009 (Act 4 of 2009), the Meghalaya Private Universities (Regulation of Establishment and Maintenance of Standards) Act, 2012 (Act No. 8 of 2012), principles of natural justice and the concept of the obligation of the administrative authorities to act fairly in interest of justice from the stage where the Apex Court passed the said judgment and order dated 13.09.2013.
31. Writ petition is allowed to the extent indicated above.
32. Parties are to bear their own costs. X X X X Extracts X X X X X X X X Extracts X X X X
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