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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 ..... 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. - Hon'ble Rajiv Joshi, J. Counsel for Petitioner :- Ashish Jaiswal Counsel for Respondent :- C.S.C. ORDER 1. Heard Sri Ashish Jaiswal, learned counsel for the petitioners and Ms. Shivi Mishra, learned Standing counsel for the respondent. 2. The present writ petition has been filed by two persons namely Sunil Kumar and Desh Deepak both sons of Sri Rameshwar Dayal with the prayer for direction to the respondent no.2 Principal, District Institute of Education Training, Bhogoan, Mainpuri to permit the 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. 3. The record reflects that the petitioners passed their High School and Intermediate Examinations in Ist Division from the U.P. Board and subsequently obtained their Bachelor of Arts (B.A.) Degree in Ist Division from Chandra Mohan Jha University, Meghalya (for short 'CMJ University Meghalaya') which was duly recognized as per Section 2(f) of University Grants Commission Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 Magistrate seeking copies of documents for the purpose of compliance of the Directives, after much delay, on 10th June, 2013 the last date fixed for compliance of the Directives. It thus appears that the CMJ Foundation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission 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'ble High Court of Meghalaya which has further been upheld by the Division Bench of the Hon'ble High Court of Meghalaya in their order dated 31st May, 2013. (ii) It awarded B.Ed degree through Distance Mode without the requisite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) 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 there can be no Convocation without the legally appointed Chancellor and that the admissions of the courses and award of the degrees were illegal. x) The University has violated Section 41(1) of the CMJ University Act relating to establishment of Endowm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the authority concerned but no decision was communicated to the petitioners by the Director Higher and Technical Education, Meghalaya at Shilong. 7. In the meantime, Writ(c) No. 177 of 2014 was filed by the CMJ Foundation along with the CMJ University in High Court of Meghalaya on the ground that Mehgalaya Legislative Assembly enacted the CMJ University Act, 2009 (Act No.4 of 2009) to establish and incorporate an University in the State, with emphasis on providing high quality and industry-relevant education in the areas of Physical Sciences, Life Sciences, Technology, Medical Science and Paramedical, Management, Finance Accounting, Commerce, Humanities, Languages Communication, applied and Performing Arts, Education, Law Social Science and related areas sponsored by CMJ Foundation and to provide for matters connected therewith or incidental thereto. 8. As the questions call for the decision in the said writ petition are to be decided taking into consideration of the provisions of CMJ University Act, 2009 (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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. After the judmgnet of Meghayala High Court dated 16.7.2015 passed in Writ(c) No. 177 of 2014 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. 11. The information supplied in this regard vide letter dated 2.5.2022 is quoted as under:- Date- 02.05.2022 Subject: Information under RTI Act 2005. with reference to the letter cited above, we would like to inform you that, the university was closed by an impugned office order of Government of Meghalaya dated 31.03.2014 Subsequently. The Meghalay High Court vide WPC No. 177/2014 has quashed and set 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 offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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