2023 (3) TMI 1491 - HC - Indian Laws

Permission to petitioners to appear in the IInd and IIIrd Semester Examinations of B.T.C. Training Course-2012 and to continue their studies for the said course - HELD THAT - After the judgement of Meghalaya High Court in CMJ FOUNDATION AND ORS. VS. STATE OF MEGHALAYA AND ORS. 2015 (7) TMI 1437 - MEGHALAYA HIGH COURT as well as amendment in Section 48 of Amendment Act 2019, the CMJ University informed the petitioners, the petitioner no. 2 under the RTI Act, 2005 to the effect that the students named Desh Deepak Registration No. 10111010119125 and Sunil Kumar, Registration No. 10111010119126 of Bachelor of Arts Degree has completed their verification and therefore, the verification of both the students are complete according to the records of the University and the Degree of both the aforesaid students are valid. The Degrees obtained by the petitioners from the CMJ University, Meghalaya in the year -2012 are treated to be valid one - 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 the same is surviving.

Summary

Issues Involved:
1. Validity of the B.A. degrees obtained by the petitioners from CMJ University, Meghalaya.
2. Entitlement of the petitioners to continue their B.T.C. Training Course-2012.

Judgment Summary:

Issue 1: Validity of the B.A. Degrees from CMJ University
The petitioners obtained their B.A. degrees from CMJ University, Meghalaya, which was recognized u/s 2(f) of the University Grants Commission Act, 1956. However, their continuation in the B.T.C. Training Course was halted due to a prior judgment declaring degrees from CMJ University (Academic Year 2009-2013) invalid. This led to the filing of Writ-A No. 3775 of 2014, which was dismissed, affirming the invalidity of their degrees.

Subsequent legal developments included a Special Leave to Appeal (Civil) No(s). 19617 of 2013 filed by CMJ Foundation, resulting in a directive for the State Government of Meghalaya to take action u/s 48 of the CMJ University Act, 2009. The Meghalaya High Court, in Writ(c) No. 177 of 2014, quashed previous adverse orders against CMJ University, citing non-compliance with procedural requirements and principles of natural justice. This judgment, coupled with the CMJ University Amendment Act, 2019, which amended Section 48, led to the validation of the petitioners' degrees as confirmed by the university under the RTI Act, 2005.

Issue 2: Entitlement to Continue B.T.C. Training Course-2012
Based on the validation of their degrees, the court directed the State Government of U.P. to allow the petitioners to continue with the B.T.C. Training Course-2012, subject to the course's continuation.

Conclusion:
The court allowed the writ petition, directing the continuation of the petitioners in their course, contingent on the course still being active, following the validation of their degrees from CMJ University as per the legal precedents and amendments noted.