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TMI Blog2023 (3) TMI 1491X X X X Extracts X X X X X X X X Extracts X X X X ..... ;) which was duly recognized as per Section 2(f) of University Grants Commission Act, 1956. 4. On the strength of the aforesaid qualification, the petitioners have applied online for B.T.C. Training, 2012 from District Institute of Education Training, Mainpuri (for short ' DIET') in which, both of them are selected and sent for training. The petitioners have passed their Ist semester examination and the examination of IInd semester was going to commence from 22.1.2014, in the meantime, the respondent No. 2 Principal DIET, Mainpuri passed an order dated 13.1.2014 whereby the training of the petitioner has been discontinued as per the judgment of this Court dated 19.11.2013 passed in Writ-A No. 36180 of 2013 (Satyesh Kumar & Ors. Vs. State of U.P. & Ors), which follows that the degree obtained from the CMJ University, Meghalaya from the Academic Year 2009-2013 are invalid. The said letter of the Principal, DIET, Mainpuri has been appended at page no. 27 to 28 of the writ petition. Subsequently, the petitioners challenged the order dated 13.1.2014 passed by the Principal DIET, Mainpuri by way of Writ-A No. 3775 of 2014, which was dismissed vide judgment dated 21.1.2014 and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, 2013 the last date fixed for compliance of the Directives. It thus appears that the CMJ Foundation is not sincere about compliance with the Directives. Moreover, all the Directives that were issued vide this office letter No. GSMG/CMJU/82/2009/143 dated 30th April, 2013 could have been complied by the CMJ Foundation without recourse to the documents seized by the State Police. The Directives issued on 30th April, 2013 are stated below: i) The CMJ University shall recall/withdraw all the degrees awarded so far and publish this fact in national and local newspapers at their own cost. ii) The CMJ Foundation shall submit a fresh proposal for appointment of the Chancellor along with the correct biodata of the candidate recommended and supporting documents. iii) The CMJ University shall frame rules and procedures for admission into the M.Phil and Ph.D degree programmes, allocation of supervisor, course work/ evaluation, assessment and further related methods in accordance with the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D degree) Regulation, 2009. v) No fresh admission of students shall be undertaken by the CMJ University till compliance of the above inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of Meghalaya in their order dated 31st May, 2013. (ii) It awarded B.Ed degree through Distance Mode without the requisite approval 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. (iii) 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 deaffiliation, the College continued to make admissions by misleading the students that the degrees will be issued by the CMJ University. iv) The University had reported that during 2012-2013 it had awarded PhD degrees to 434 students and enrolled another 490 students. These figures though extraordinarily high do not reflect the correct position. Information is available with us that another 29 students have also received PhD degree from the University and more information is coming on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rses and award of the degrees were illegal. x) The University has violated Section 41(1) of the CMJ University Act relating to establishment of Endowment Fund and indulged in cheating by withdrawing the deposit of Rs.210 lakhs within days of making the deposit. xi) The University repeatedly 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. 7. All these established facts clearly indicate mismanagement, mal-administration, indiscipline and failure in the accomplishment of the objectives of the University, apart from criminal liability. In the interest of maintaining proper standards of higher education it would be desirable that the CMJ University be wound up. The state government is accordingly being addressed to consider Dissolution of the CMJ University in terms of Section 48 of the CMJ University Act, 2009." (emphasis supplied) In terms of the recommendations made by the Visitor-cum- Governor, the State Government is required to take action under Section 48of the 2009 Act. Shri Ranjan Mukherjee, learned counsel appearing for the Government of Meghalaya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (for short 'Act' 2009') which was decided finally by the High Court of Meghayala vide order dated 16.7.2015 with the direction to the State Government, Meghalaya to take steps in strict compliance with the provisions of the Act, 2009, 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 obligation of the administrative authorities to act fairly in interest of justice from the stage of Hon'ble Apex Court. The relevant paragraph nos. 29 to 31 are quoted as under:- "29.For the foregoing discussions, this Court 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t aside, the office order dated aside, the office order dated 31.03.2014 After the University reopened in November 2015, Student verification process started with orginal documents due to the official documents seized by the Govt. of Meghalaya. As per the record, the Student named Desh Deepak Registration No. 10111010119125 and Suneel Kumar Registration No. 10111010119126 of Bechelor of Arts Degree , has completed their verification, therefore, the verification of both the above student is compete according to the records of the university and the degree of both the above students is valid." 12. In view of the aforesaid, the B.A. Degrees obtained by the petitioners from the CMJ University, Meghalaya are valid in view of the judgment of Meghalaya High Court passed in Writ (c) No. 177 of 2014 and Amendment in Section 48 vide Amendment dated 16th October, 2019. 13. In the facts and circumstances, the Degrees obtained by the petitioners from the CMJ University, Meghalaya in the year -2012 are treated to be valid one. 14. Accordingly, the writ petition is allowed with the direction to the State Government of U.P. to continue the petitioners with the B.T.C. Training Course- 2012, if ..... 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