Gujarat High Court
Chauhan Ajitsinh Dilusinh vs State Of Gujarat on 18 January, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/13690/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13690 of 2016
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CHAUHAN AJITSINH DILUSINH....Petitioner(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ANVESH V VYAS, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
MR TARANJITSINGH WADHVA, ASST.GOVT.PLEADER, for Respondent(s)
No.1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 18/01/2017
ORAL ORDER
1. This Court while issuing notice had passed following order:
"1. The petitioner is before this Court seeks the following reliefs:
(A) Be pleased to allow this application. (B) Be pleased to issue a writ, order or direction directing the respondent to quash and set aside the order dated 22.03.2016 passed by the respondent to consider the candidature of the petitioner and to appoint the petitioner for the post of 'live stock inspector'.
(C) Be pleased to direct the respondent to follow the rules contemplated while issuance of advertisement dated 21.01.2014 being no. DAH/201314/02.
(D)Pending admission and hearing of this petition be pleased to stay any further procedure of fresh recruitment for the same post by respondent department Page 1 of 8 HC-NIC Page 1 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER in the interest of justice.
(E) Be pleased to grant any other or further order/s as it may deem fit by this Hon'ble Court.
2.Learned Assistant Government Pleader waives service of notice.
3.According to the learned Assistant Government Pleader this case is covered by the decision of this Court rendered in Special Civil Application No. 8949 of 2015.
4.Let the matter kept in tomorrow first twenty matters."
2. Heard both the sides and also as indicated in the order of issuance of notice, the matter is covered by petition rendered in Special Civil Application No. 8949 of 2015, wherein this Court had passed following order.
"2. The facts of the case in brief are as under:
2.1 The petitioner holds a degree of P.hd conferred upon him by the CMJ University, Shilong, Meghalaya. In the year 2014, the respondent No.1 published an advertisement for appointment to the post of Assistant Professor on contractual basis for a period of eleven months. One of the eligibility criteria fixed by the respondent No.1 was that the candidate should hold a degree of P.hd from a recognized University. It appears that the degree conferred upon the petitioner by the CMJ University, Shilong, Meghalaya was not taken into consideration by the respondent No.1 and he was refused appointment to the post of Assistant Professor.
2.2 On behalf of the respondent No.2, a detailed affidavit-in-reply has been filed wherein the following averments have been made in paragraphs-
12,13,14,15,16,17 and 18.
"12. I say and submit that when the petitioner approached before the authorities for verification as it was scheduled and submitted his documents before the Scrutiny Committee. The petitioner presented following Degrees with certificate:
(1) B.Com. Degree & M.Com Degree from Page 2 of 8 HC-NIC Page 2 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER Hemchandracharya North Gujarat University, Patan (Gujarat).
(2) M.Phil Degree from Jodhpur National University, Jodhpur, (Rajasthan).
(3) Provisional Ph.D. Certificate from CMJ University, Meghalaya.
13. I say and submit that on the day when the petitioner appeared before the Security Committee on 27.05.2015, it was intimated vide a communication that this case has been referred to the Higher Authorities as his Ph.D. Degree as claimed to be possessed by the petitioner was found to be suspicious. A copy of the Communication is annexed herewith and marked as Annexure RII.
14. I say and submit that thereafter, the case of the petitioner was referred to the Higher Authority comprising of Commissioner of Higher Education, Gujarat State for further Scrutiny and vertification. I say and submit that upon further scrutiny and verification, it was found that the petitioner on account of de- recognization of the University in view of the urgent public notice issued by the UGC with reference to the letter of the Principal Secretary to the Governor of Meghalaya, the recognition of the University was cancelled. I say and submit that a case came up before the Hon'ble Apex Court being SLP No. 19617 of 2013 against the order passed by the Hon'ble Division Bench of Meghalaya High Court whereby the order passed by the Learned Single Judge refusing to quash the order dated 30.04.2013 passed by the Principal Secretary to the Governor of Meghalaya under section 13(3)(b) of the CMJ Unibersity Act, 2009 was dismissed. The Hon'ble Apex Court had observed in para-6 of the order that there were several grave irregularities committed by the University and hence, issued directions to windup CMJ University in terms of Section 48 of the CMJ University Act, 2009. A copy of the judgment of the Hon'ble Apex Court in SLP (Civil) No.19617 of 2013 is annexed herewith and marked as ANNEXURE-RIII.
15. I say and submit that on the basis of the aforesaid aspect, the Higher Authority did not approve the Degree of Ph.D as claimed by the petitioner to have obtained. Accordingly, the petitioner was conveyed via E-mail Page 3 of 8 HC-NIC Page 3 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER dated 01.06.2015 that his certificate for compliance of Ph.D Regulations, 2009 is vague and not appropriate. It was also intimated that the Ph.D Degree conferred by CMJ University, Meghalaya is not a valid degree and as per the Hon'ble Apex Court's decision in Special Leave Petition, his application cannot be considered. A copy of the communication via E-mail is annexed herewith and marked as ANNEXURE-R-IV.
16. I say and submit that a bare perusal of the documents submitted by the petitioner in lieu of his claim for Ph.D Degree would indicate that the same does not seems to be a Degree Certificate which is ordinarily given by the concerned Universities while issuing a Degree Certificate. The said document bares a heading of Doctor of Philosophy (Ph.D.), 2012 with wordings "Provisional Certificate". A copy of the document is annexed with the memo of the petition at Page-19. I say and submit that if the University would grant any Degree Certificate say for example Bachelors of Commerce, the Degree Certificate would bear words "Degree of Bachelor of Commerce is awarded:. However, the present document submitted by the petitioner bears wording "Provisional Certificate" and bears the words "Proposal for the award of Ph.D Degree in--- has been awarded by the University. I say and submit that usually such words are not found in the Degree Certificates conferred by the Universities.
17. I say and submit that as per the UGC regulations, the petitioner is required to obtain certificate from the concerned University certifying that the Ph.D Degree awarded to the candidate is as per UGC Regulations, 2009. I say and submit that the certificate which is issued by the CMJ University instead of issuing such certificate provides that the thesis of the petitioner as submitted in the University on 28.02.2012 needs all the requirements of the award for Degree of Doctor of Philosophy and University can award Ph.D. Degree as per Regulation, 2009. The University interestingly and to the reason best known states that such Degree can be awarded. A copy of the certificate issued by the CMJ University is annexed at Page-40 (Annexure -F) to the memo of petition.
Therefore, when the Degree itself seems to be Page 4 of 8 HC-NIC Page 4 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER suspicious more particularly, on the basis of the documents submitted by the petitioner and that the recognition of the University itself is cancelled, the Ph.D Degree as claimed to have been obtained by the petitioner cannot be considered by the authorities.
18. I say and submit that wide publicity was given by the Media against the cancellation of the grant of CMJ University and the irregularities committed. The Authorities could gather the news items published in various newspapers through internet. A copy of the news items and status report of CMJ University is annexed herewith and marked as ANNEXURE- RV(COLLECTIVELY). More, UGC has also issued an urgent public notice indicating that there are several irregularities committed by the University and an inquiry has been instituted. A copy of the notice is annexed herewith and marked as ANNEXURE-R-VI."
2.3 The stance of the respondent No.2 appears to be very clear. The respondent No.2 has placed reliance on the decision of the Supreme Court rendered in SLP No. 19617 of 2013 taking the view as contained in para-7 of the judgment which reads as under:
"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 prooper 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 28 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 48 of the 2009 Act.
Shri Ranjan Mukherjee, learned counsel appearing for the Government of Meghalaya says that he is not in a position to make a statement whether the State Government has taken action infurtherance of the recommendation made by the Visitor-cum-Governor.
In view of the above, we feel that ends of justice will be Page 5 of 8 HC-NIC Page 5 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER served by directing the State Government to take an appropriate action under Section 48 of the 2009 Act after giving notice and reasonable opportunity of hearing to the petitioners.
The special leave petitions are accordingly disposed of with a direction that within three months from today the State Government shall, after giving an opportunity to the petitioners to show cause against the action proposed to be taken, pass a speaking order under Section 48 of the 2009 Act.
"The students whose admissions and degrees were declared illegal may also make representation to the State Government and seek an opportunity of hearing from it. The request made by them shall be sympathetically considered by the State Government."
2.4 It appears that on account of mismanagement, mal- administration, indiscipline and failure in the accomplishment of the objectives of the university, the university itself was ordered to be wound up.
3. In the aforesaid premises of the matter, Mr. Radhesh Vyas, the learned advocate appearing for the petitioner very fairly submited that his client would not be entitled to any of the relief as prayed for in this writ application. He further requested for a very limited indulgence of this court by placing relieance on the last para of the paragraph-7 of the Supreme Court judgment which I may reproduce herein below.
"The students whose admissions and degrees were declared illegal may also make representation to the State Government and seek an opportunity of hearing from it. The request made by them shall be sympathetically considered by the State Govenrment."
4. It goes without saying that it will be open for the petitioner to file an appropriate representation before the State Government of Meghalaya and seek an opportunity of hearing so far as the P.hd. Degree which was conferred upon him by the CMJ University.
5. Ms. Pathak, at this stage, pointed out that even independent of the decision of the Supreme Court, the Page 6 of 8 HC-NIC Page 6 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER petitioner has no case because the petitioner possesses only a provisional certificate of the P.hd degree conferred upon by the CMJ University whereas the requirement for being appointed to the post of Assistant Professor is a full fledged P.hd degree from recognized university.
6. In the result, this petition fails and is hereby rejected. Notice is discharged."
3. So far as the present petition is concerned, the petitioner had completed their 10th Standard Examination and joined the specialization court of Live Stock Inspector. The petitioner is being trained to assist the veteinary officers his main task is regarding vaccination and animal husbandry. The petitioner applied for the post of Live Stock Inspector Class-III and in the final merit list the petitioner is selected and his name had been placed in the waiting list. Since, none heard the petitioner, the petitioner has approached this court relying upon the aforementioned decision which covered the case of the petitioner. The petitioner has completed the course from CMG University established by the Government of Meghalaya as per Section 2 (1) of UGC Act, 1956. As the said university has already been wound-up in case of present petitioner also as directed by the Hon'ble Apex Court and as referred to in paragraph 3 by the Co-ordinate Bench, he is permitted to approach the State Government and seek an opportunity of hearing whose request shall be considered Page 7 of 8 HC-NIC Page 7 of 8 Created On Sat Aug 12 07:38:49 IST 2017 C/SCA/13690/2016 ORDER sympathetically by the State Government.
Petition is disposed of accordingly (MS SONIA GOKANI, J.) MIRZA Page 8 of 8 HC-NIC Page 8 of 8 Created On Sat Aug 12 07:38:49 IST 2017