Central Administrative Tribunal - Chandigarh
Jaspreet Singh vs D/O Sports Ut Chd on 25 September, 2025
1- O.A. No. 177/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Original Application No.060/177/2020
Pronounced on: 25.09.2025
Reserved on: 21.08.2025
CORAM: HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
----
Jaspreet Singh S/o Pritpal Singh Brar, Aged 28 years, R/o H. No. 3127,
Sector 39-D, Chandigarh. 160036 Group C
.... Applicant
By Advocate: Mr. Rohit Seth
Versus
1. Union Territory, Chandigarh through its Secretary, Chandigarh
Administration, Sports Department, Sector 42 Chandigarh 160036
2. Director of Sports, Chandigarh Administration, Sports Complex,
Hockey Stadium, Sector 42 Chandigarh 160036.
3. Rinku S/o Sh. Rajinder Kumar, Resident of House No.31, AKS
Colony, Zirakpur, Tehsil Derabassi, Distt. S.A.S. Nagar Mohali, Punjab.
PIN 160003
... .Respondents
By Advocate: Mr. A.L. Nanda for Respondents No. 1 and 2
(through Video Conferencing)
Mr. Barjesh Mittal for Resp. No.3
Digitally
signed by
MAMTA
WADHWA
2- O.A. No. 177/2020
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(i) To quash Order dated 26.08.2019 (Annexure A-1) vide which the respondent No.3 has been appointed as Junior Coach, Wrestling on the basis of fake degree and information supplied by him to the authorities which renders the private respondent totally disentitled to be appointed as a Junior Coach being hit by misrepresentation and false hood.
(ii) To direct the respondents to consider the claim of the applicant for appointment to the post of Junior Coach, Wrestling being next in merit and grant him such appointment with all consequential benefits.
2. The factual matrix of the case is that the applicant is a Graduate from PTU as correspondence candidate from session commencing for years 2008-2011, Master of Computer Applications from PTU 2011- 2013. Further, the applicant has undertaken Diploma in Wrestling from National Institute of Sports, Patiala in year 2015-2016. He is working at Sports Council Punjab as Wrestling Coach on adhoc basis from 17.08.2016 to till date and is having more than 2 ½ years of service experience of coach in wrestling.
3. The Chandigarh Administration, Sports Department invited the applications for the posts of Junior Wrestling Coach in January 2019 and last date for submission of the application was fixed for 15.01.2019. The Digitally signed by MAMTA WADHWA 3- O.A. No. 177/2020 educational qualification prescribed for the above said posts given under-
(a) Should be a Graduate from recognised University or Institution?
(b) Should possess Diploma in coaching from National Institute of Sports in the required discipline provided that in case of games in which regular courses are not available at National Institute of Sports, candidate should possess Master Degree in Physical Education (two years integrated course from a recognized University or institution.
(c)Having experience in coaching by a minimum period of one year in the required discipline."
4. The Chandigarh Administration, Sports Department had also fixed the criteria for selection of the coaches vide order dated 04.10.2012 (Annexure A-6). As per the criteria the grand total marks which could be awarded to a participant were 55 which included maximum 10 marks for BA Graduate, Maximum 20 marks for Technical Qualification, Maximum 20 marks for Experience out of which 20 marks were allocated to result attribution as a Coach and Maximum 5 marks for Interview. The applicant submitted the application form for the post of Junior Wrestling Coach in stipulated time. The respondents called the applicant to appear along with original documents before the Documentation/ Interaction committee on 09.08.2019 in the office of Director of Sports, Chandigarh Administration. Seven candidates appeared for document verification as well as Interaction out of which 2 candidates namely Narender Kumar and one Mrs. Rekha Rani did not Digitally signed by MAMTA bring Graduation degree as is apparent from the proceedings of WADHWA 4- O.A. No. 177/2020 selection committee and as such they were not awarded marks under the aforesaid head. Thereafter, the respondents have prepared the merit and selection list of the Junior Wrestling coach on the basis of educational qualification, technical qualification and experience. The private respondent was selected on the said post by obtaining 34 marks out of 50 marks. The applicant was kept at Sr. No. 2 in order of merit by scoring 33 marks out of 50 marks and as such by virtue of being at Sr. No.2 he shall be the first candidate in the waiting list of the select panel/recommendation by Selection Committee.
5. The private respondent was awarded 10 marks for Graduation degree with 1st Division as regular student and the aforesaid degree is for session commencing from years 2009-2012 obtained from CMJ University, Meghalaya, but the private respondent had got admission in the year 2009-10 in Government College Mohali under Punjabi University, Patiala bearing Roll No. 17412, where he failed to clear the examinations and in the very next year i.e. 2010 he took admission in Post Graduate Government College, Sector 11, Panjab University, Chandigarh bearing Roll No. 17610000642 where he again failed to clear the examinations. On the other hand the private respondent submitted the degree of Graduation for having undertaken regular BA Course from Meghalaya University from the session 2009-12. During the same very period private respondent was regularly attending the coaching classes under the Coach Sh. R.S. Kundu at Gulzar Wrestling Akhada, Zirakpur under SAI w.e.f. January 2010 to June 2013 and the attendance/ percentage of attendance used to be marked in the record, which was maintained by the Coach for onward submission to SAI and which Digitally signed by MAMTA contained the name of trainee, number of days/ percentage of days, a WADHWA 5- O.A. No. 177/2020 trainee attended training in a particular period and marks for technical skills awarded to aforesaid trainee. Two other wrestlers namely Prabhpal and Honey Pal were also there as trainee under same coach for the entire period abovementioned, in addition to being there, even after the private respondent had left up to December 2017. The applicant was also in the same Akhara for a very brief period in starting of the year 2010 as he could not continue for number of reasons including to pursue his studies. The Coach Sh. R.S. Kundu applied and was given extension in service on account of the achievements of above mentioned 2 players namely Prabhpal and Honey Pal. The aforesaid achievements have been added by the private respondents in his kitty to be awarded maximum marks under the head, resulting attribution as a Coach in the present selection process, which is totally false and misleading.
6. The applicant, vide representations dated 26.08.2019 and 27.08.2019, pointed out the above illegalities to the respondents. However, the respondent authorities have turned a deaf ear as they have not acted to unfold the truth in the wake of serious allegations levelled by the applicant, which shows that the selected candidate Mr Rinku has managed the authorities to ensure his appointment to the post of Junior Coach. Aggrieved thereby, the applicant approached this Tribunal by way of OA No. 060/1171/2019 seeking directions to the respondents to look into the illegalities and serious mis-representations by Mr. Rinku (private respondent no. 3 herein). The Director Sports called the applicant and Mr. Rinku along with Counsels in his office chamber on 04.12.2019 vide his letter dated 02.12.2019, while calling upon both the parties to bring original certificates. Since Mr. Rinku did Digitally signed by MAMTA not appear on said date the applicant was called upon by letter dated WADHWA 6- O.A. No. 177/2020 04.12.2019 to appear for above purpose on dated 10.12.2019. The applicant and Mr. Rinku appeared before the Director Sports. Mr. Rinku had no answer being present in Zirakpur Akhara during the regular graduation degree period. There was no specific denial by Mr. Rinku of the issues raised by the applicant. The applicant vide his representation dated 13.12.2019 highlighted to the Director Sports that Mr. Rinku did not fulfil the UGC attendance criteria while he obtained the B.A. Degree from CMJ University, Meghalaya and he cannot be at three different places at the same time i.e. in Government College, Phase-6, Mohali, in Post Graduate Govt. College, Sector 11, Chandigarh, at SAI Wrestling Akhara at Zirakpur and CMJ University, Meghalaya. The father of applicant also submitted representation dated 17.12.2019 to the Director Sports explaining to him that no purpose will be served under the factual scenario and the ground reality to get the degree to Mr. Rinku verified as was observed by him in the last meeting. This action would be inconsequential and result in wastage of time and perpetuate the up keeping of illegal selectee Mr. Rinku while keeping await the deserving candidate in the queue.
7. Since the Director Sports was looking at the things from very narrow angle and rather than taking a decision was trying to open up other channels to delay the outcome on the complaint of the applicant, the father of applicant submitted detailed representation dated 26.12.2019, while highlighting the conduct of the Director Sports, along with supporting documents to the Sports Secretary. On 13.01.2020, the Director Sports issued an order in compliance of the directions given by this Tribunal in the case of applicant but very contently not even Digitally signed by MAMTA touching the star issue and argument raised by the applicant throughout WADHWA 7- O.A. No. 177/2020 of presence of Mr. Rinku in the record of SAI Akhara for more than 90% of the period, which period was over lapping with the period when Mr. Rinku had under taken regular graduation course at CMJ University, Meghalaya. The Director Sports ordered that the final order shall be issued to the candidate after receiving the reply from UGC for checking authenticity of University and from CMJ University about the verification of degree. This was not the plea of the applicant at all as the question mark had been raised on the premise that how a person present in Zirakpur and Chandigarh undertake regular BA Course from North-East part of the Country during the same period. This leaves no room for doubt that the graduation degree of Mr. Rinku had been manipulated in any manner, which could not be termed as legal from any angle. The representation dated 13.01.2020 was followed by yet another representation dated 15.01.2020 (Annexure A-14) to the Sports Secretary to look into the matter as also the manner in which the Director Sports was dealing with the complaints supported by documents and evidence in relation to the selection process in question while requesting him to take action at his level by granting indulgence. The act and conduct of authorities in digging into irrelevant issues while sitting over the glaring and serious issues needs to be deprecated while issuing declaration with regard to the illegality in selection of respondent no. 3 and further directions are liable to be granted to the respondents to operate the Merit List and offer appointment to the applicant being next in Merit and grant him appointment as Junior Coach, Wrestling.
8. The contention of the applicant is that the private respondent has been granted appointment to the post of Junior Coach despite the fact Digitally signed by MAMTA that the bachelor degree obtained by him is fake. The private WADHWA 8- O.A. No. 177/2020 respondent managed to get selection to the post of Junior Coach on the basis of a fake degree from the CMJ University, Meghalaya and the authorities despite applicant's representation supported with documents proving the private respondent's degree as fake, did not take any corrective measure. On the basis of these grounds, he prays that the appointment of private respondent no. 3 to the post of Junior Coach, which he procured on the strength of fake degree, be quashed and the applicant being next in merit be considered for appointment to the said post.
9. The respondents no. 1 and 2 filed written statement stating that the respondents have rightly appointed respondent no. 3 as Junior Coach on the basis of his qualifications and merit determined by the Selection Committee and it is wrong to say that the degree obtained by Respondent no. 3 is fake as it is from the University recognized by the State Government/UGC and it has not been held invalid so far. It has been submitted by the respondents that in compliance of this Tribunal's order dated 14.11.2019 in OA. NO.60/1171/2019, the complaints, made by the applicant, have already been looked into and answered by the Respondents by passing speaking orders dated 13.01.2020 and 03.03.2020 (Annexure R/1 and R/2). As regards the observations made by this Tribunal whether a candidate can enroll himself in three different universities for the same course during the same three year course, the Respondents have no written instructions in this subject matter and therefore have sought clarifications from the CMJ University, Meghalaya and UGC vide letters dated 16.03.2020, followed by reminders dated 29/06/20, 15/09/2020, 22.09.2020 (Annexure R/3 (colly). In response Digitally signed by MAMTA to these letters, reply has been received from UGC letter dated WADHWA 9- O.A. No. 177/2020 29.10.2020 received on 5.11.2020 in the office of the Answering Respondents (Annexure R/4). Since the reply from the UGC has not answered the specific query raised by this Tribunal as to whether a candidate can enrol in three Universities for the same course during the same three years session, a letter has again been written to U.G.C on 11.11.2020, a copy of which is attached herewith as Annexure R/5. In view of the above and the fact that the Answering Respondents has withheld the joining of the selected candidate (Respondent No.3) and it will be re-examined after the reply is received from UGC and CMJ University, Meghalaya. The O.A filed by the applicant is premature and needs to be dismissed on this ground alone.
10. The respondent no. 3 filed reply stating therein that respondent no. 3 has neither passed BA 1st year from colleges at Mohali and Chandigarh during 2009-2010 2010-2011 nor he has got any and degree/certificate from the said colleges. Since the Sports Authority of India had allotted/posted respondent no. 3 for coaching and practice at Zirakpur, Distt. Mohali, consequently, respondent no.3 applied to CMJ University Meghalaya for exemption/ waiving of from attending regular classes being Sportsperson vide letter dated 10.08.2010 (Annexure R- 3/1). The said University accordingly acceded to the request of respondent no. 3 and granted exemption from attending regular classes. Further, the applicant has nowhere in his entire OA appended any rules/instructions/guidelines of UGC which debar a student/person from seeking admission in two different Universities and getting separate degrees during the same year which could outrightly settle the issue in dispute. That qua the said issue, the Sports Department U.T. Digitally signed by MAMTA Chandigarh Administration has sought clarification from the UGC by WADHWA 10- O.A. No. 177/2020 writing communication dated 16.03.2020 followed by reminder dated 29.06.2020 and 15.09.2020 respectively (R-3, R-5 & R-6). However, the reply from the UGC is still awaited. The respondent no. 3 has appended a UGC communication dated 28.12.2012 (ANNEXURE R-3/2) whereby the issue of pursuing more than one degree simultaneously was considered in the meeting held on 29.10.2012 and the minutes of the same are annexed with the written statement. The graduation degree of respondent no. 3 from CMJ University Meghalaya is not a fake or forged degree and has been verified to be genuine and correct by the said University. The multaneous admission in CMJ University Meghalaya along with admissions at Chandigarh, Mohali during the said years can at the most under law be considered as an irregularity and cannot render in any manner whatsoever the graduation degree from CMJ University a nullity or invalid degree and also in the absence of the said degree having been declared invalid by CMJ University itself or by any Civil Court in appropriate civil proceedings/suit.
11. We have gone through the pleadings, perused the material available on record and considered the rival contentions of learned counsel for the parties.
12. Undisputed facts of the case are that the applicant being eligible to the post of Junior Coach applied and appeared before the respondents for documents verification. On the basis of selection criterion, a merit list was prepared whereby the respondent no. 3 being at no. 1 of the merit list, having secured 34 marks, was selected for the sole post of Junior Coach and the applicant was placed at no. 1 in the waiting list, having secured 33 marks. The grievance of the applicant is Digitally signed by MAMTA that the respondent no. 3 secured appointment by submitting fake WADHWA 11- O.A. No. 177/2020 graduation degree which he obtained from CMJ University, Meghalaya. His plea is that since the private respondent submitted graduation degree for the session 2009-2012 from CMJ University, whereas in the year 2009 itself he took admission in Government College Mohali. In the year 2010 he took admission in Government College for Men Sector 11 Chandigarh. Therefore, since he took admission simultaneously in three universities, the degree obtained from CMJ Meghalaya is fake and the appointment given on the basis thereof be quashed. It is prayed that the applicant being first in waiting list be offered appointment to the said post. The applicant earlier approached this Tribunal by way of OA No. 1171/2019, which was disposed of vide order dated 14.11.2019 (Annexure A-10) on the prayer of the applicant considering the fact that the selection process in question has already been stayed in another case Narender Kumar Vs. Chandigarh Administration (OA No. 923/2019), the OA was disposed of with a direction to consider the grievance raised by the applicant in representations dated 26.08.2019 and 27.08.2019. In compliance thereof, the respondents passed order dated 13.01.2020, wherein it has been stated that the Sports Department, UT, Chandigarh considered the applications/request of Sh. Jaspreet Singh (applicant herein) and joining letter to any candidate will not be issued till the final order of the competent court and final order by this office will be issued after reply is received from the UGC and the CMJ University regarding authenticity of CMJ University and verification of degree submitted by Sh. Rinku. It is thereafter only that the applicant filed the present O.A. challenging the appointment of respondent no. 3 and alleging that the official respondents have disposed of his Digitally signed by MAMTA representation in a cursory manner.
WADHWA 12- O.A. No. 177/2020
13. During the pendency of the O.A., the respondent no. 2 passed a revised speaking order dated 03.03.2020, rejecting the representations dated 26.08.2019 and 27.08.2019 of the applicant keeping in view the reply received from the UGC, New Delhi and Vice Chancellor, CMJ University and the statements suffered by both the players i.e. Prabhpal Singh and Honey Pal Singh.
14. We have perused the order dated 03.03.2020 passed by the respondent no. 2 While taking the decision to reject the claim of the applicant, the respondent no. 2 relied upon the letter received from the CMJ University declaring that the graduation degree given to Rinku under registration no. 101110119256 is correct and genuine and the same has been issued under Section 22 of UGC Act, 1956. The respondent no. 3 admitted the fact of his being at Zirkpur during the said period of graduation from CMJ University. The private respondent no. 3 explained that he was selected under the scheme of Sports Authority of India from the year 2009 and for this reason he had to be present in the training centre at Zirakpur for practice. Taking into consideration his achievements, in wrestling in Punjab and on his request, the CMJ University exempted him from attending regular classes. Therefore, he attended only essential classes and annual examination. After considering all these factors, the respondent no. 2 rejected the applicant's representations. Thus the decision of respondent no. 2, rejecting the plea of the applicant, in view of private respondent's graduation degree being authentic and correct and the CJM University being recognized under the UGC, is based solely on the basis of communication received the CMJ University and UGC. Digitally signed by MAMTA WADHWA 13- O.A. No. 177/2020
15. The plea of the applicant still remains that the private respondent took admission in different Universities for pursuing the same BA course, therefore, his degree obtained from CMJ University is fake. Though, the genuineness of the degree has already been affirmed by the Concerned University. To adjudicate on the issue of irregularity in the action of private respondent no. 3 in taking admission simultaneously in different Universities and on the basis thereof declaring his degree as invalid would be beyond the jurisdiction of this Tribunal. This issue has to be raised before the appropriate authority vested with the powers and responsibility to maintain the standards in education system and enforcement of rules and regulations made in this regard to be followed by the affiliated Universities.
16. However, learned counsel for the applicant, in order to strengthen his arguments, has placed before us the latest judgment dated 13.02.2025 of the Hon'ble Supreme Court in the case of CMJ Foundation and Others Vs. State of Meghalaya and Others, 2025 INSC 211. The disputed facts in that matter are directly related to the CMJ, University, therefore, the judgment of the Hon'ble Apex Court has direct bearing on the adjudication of instant matter. The Civil Appeals No. 9694/2024 and 9695/2024 were filed challenging the judgment and order dated 6th May, 2021 passed by the Division Bench of the High Court of Meghalaya at Shillong in Writ Appeal No. 14 of 2017, whereby the judgment and order dated 16th July, 2015 passed by the learned Single Judge of the High Court in Writ Petition (C) No. 177 of 2014 was quashed and set aside and the matter was remanded to the learned Single Judge to take appropriate decision regarding the validity of the Digitally signed by MAMTA order, dissolving the Chander Mohan Jha University, on merit preferably WADHWA 14- O.A. No. 177/2020 within a period of six months. The Hon'ble Supreme Court while dismissing the appeal no. 9694/2024, preferred by the CMJ Foundation, vide order dated 13.02.2025 affirmed the State Government' decision dated 31.03.2014 to dissolve the said CMJ University. The Hon'ble Apex Court vide aforesaid order allowed the appeal no. 9695/2024 filed by the State. The CMJ University has been dissolved with strict adherence to the procedural requirements outlined under Section 48 of the CMJ University Act, 2009, and in compliance of the directions issued by the Hon'ble Supreme Court vide order dated 13.09.2013 passed in SLP(C) No. 19617 of 2013. The reasons for dissolution of the CMJ University were found to be mismanagement, mal administration, indiscipline and failure in enforcement of the objectives of the University. As per the facts in above judgment, the State Government accorded sanction for the establishment of the CMJ University vide Notification dated 17.06.2010. The UGC vide letter dated 25.11.2010 intimated that the CMJ University was empowered to award degrees through its main campus whereas the private respondent has submitted his graduation degree from the CMJ University for the course commenced from 2009-
12.
17. The issue of validity of degrees awarded by the CMJ University Meghalaya was also considered by the Hon'ble Allahabad High Court in a bunch of petitions titled Satyesh Kumar and Others Vs. State of U.P. and Others who approached the Court apprehending cancellation of their candidature for various posts advertised by the U.P. Government. The question before the Hon'ble High Court for adjudication was as to whether a Degree of Graduation in different subject awarded by the Digitally signed by MAMTA CMJ, University, Meghalaya established vide CMJ University Act, 2009 WADHWA 15- O.A. No. 177/2020 and recognized by the University Grants Commission under Section 22 of the University Grants Commission Act 1956 is valid or not and can be treated to be a Degree of Graduation granted by a University duly established under law. The Hon'ble High Court while dismissing the petitions observed as under:-
"10. The Visitor has thereafter taken a decision after considering the reply/letter dated 10.06.2013 received from the Counsel for the CMS Foundation. The decision of the Visitor communicated along with covering letter dated 12.06.2013 the Chairman, CMJ Foundation is reproduced below:
Decisions by the Visitor "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 CM) Foundation/University has moved the Court of Chief Judicial Magistrate seeking copies of documents for the purpose of compliance of Directives, after much delay, on 10th June, 2013 the last date fixed for compliance of the Directives. It thus appears that the CM) 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 Blo-data of the candidate Digitally signed by MAMTA recommended and supporting documents.
WADHWA 16- O.A. No. 177/2020
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 other related matters in accordance with the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D degree) Regulation, 2009.
iv) No fresh admission of students shall be undertaken by the CMJ University till compliance of the above instructions and till the appointment of the Chancellor in accordance with Section 14(1) of the CMJ University Act 2009.
2. It is unfortunate that the Chairman of CMJ Foundation has remained Incommunicado all these days and chosen to communicate only through his counsel. According to media reports his counsel says he is In Bihar attending on his sick parent. Even if it is true it cannot be the reason for not addressing the issues for so long. 3 It is worth mentioning that immediately after the first directives were issued the University alleged that the students bad vandalized the office and equipment in the University which subsequently was found to be false by police. According to police it was engineered by the university staff at the instance of one of the Directors. It was a deliberate attempt to destroy evidence and the case in under police Investigation.
4. All these cast a shadow on the sincerity of the University to adhere to the requirement of law, initiate corrective actions and uphold the standards of higher education.
5 The commissions and omissions of University 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 Digitally signed by constitutes a breach of trust in addition. Even with the legally MAMTA WADHWA appointed Chancellor no university can be allowed to function with such 17- O.A. No. 177/2020 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 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. Thus 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-affillation, the Callage 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 Ph.D degree to 434 students and enrolled another 490 students. These figures though extraordinarily high do not reflect the correct position. Digitally signed by Information is available with us that another 29 students MAMTA WADHWA have also received PhD degree from the University and 18- O.A. No. 177/2020 more information is coming on a daily basis. So it is obvious that the actual number of award of and enrolment for, PhD and other programs will be much higher than was reported. The University awarded PhD even in subjects like the Bodo and Punjabi languages where the guides/faculty are not easily available. These constitute gross abuse of the university's power and violation of the UGC (Minimum Standards and Procedure for Awards of MPhil/PhD Degree) Regulation, 2009.
v) The University furnished a list of 10 faculty members with PhD which is Inaccurate. One of the faculty members is only a research scholar at NEHU. The list Includes the Vice-Chancellor, Registrar and other functionaries of the University as faculty which is quite misleading. In fact the University does not have adequate teachers to introduce courses which it had been doing.
vi) The University is running several off campus centres outside Meghalaya which is not permissible under the UGC (Establishment of Private University) of and Maintenance of Standards of Private University Regulations, 2003 and the decision of the Hon'ble Supreme Court (2005) in the case of Prof. Yashpal v. State of Chhattisgarh.
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 is 2010-2011:
176, 2011-2012: 469, 2012-2013: 2734. All these admissions are illegal as all its actions are ab initio void in absence of a legally appointed Chancellor. Digitally signed by x) The University has violated Section 45(3) and Section 46(4) MAMTA WADHWA of the CMJ University Act, 2009 by not submitting the Annual 19- O.A. No. 177/2020 Report and the Annual Accounts/Balance Sheet and the Audit Report to the Visitor.
11. XXXXXX
12. XXXXX
13. Xxxxxx
14. The Visitor of the University has already taken a decision regarding cancellation of the Degrees awarded by the University from 2009 to 2013 as Incorporated in its decision reproduced above.
Photographs have also been placed on record to show that the University runs from a commercial complex which houses several other commercial set- ups. It has already come on record in the various reports that the University has no infrastructure but functions from a tenanted accommodation. There is no space for accommodating the large number of students and the faculty as projected by it and there is no environment for studies.
15. In view of the facts narrated above as are apparent from the counter affidavit and the records produced by the learned counsel for the UGC, the court is not at all inclined to further jeopardize the career of the petitioners. They have already suffered enough although voluntarily but from all the facts narrated above even on the technical grounds raised by the petitioners they cannot be made to suffer any more. Further it is difficult to treat their Degrees to Digitally signed by be valid for the following additional reasons:
MAMTA WADHWA 20- O.A. No. 177/2020
16. All the petitioners are residents of the State of Uttar Pradesh. Meghalaya is a State situate in the North-East Region, at least 2000 km away. The petitioners have to bear a heavy burden to establish first that the process of admission to the undergraduate course was in accordance to the Ordinance of the University, the amount of fees deposited by them, the fee receipts issued by the University Authorities or by any study centre (whether within the territorial jurisdiction of the State of Meghalaya or situate outside the territorial jurisdiction of the State of Meghalaya), the running of the courses, holding of the courses (theory and practical both), training upon the nature of the subject, the attendance given by the petitioners, mode and the place where the examinations were held and thereafter the issuance of the Degree. The court does not find any material in the above regard on record. The inference has to be drawn adverse to the petitioners which also finds support from the various letters and orders issued by the Governor of the State of Meghalaya and the Visitor of the University as also the inspection report of High Powered Committee constituted by the Chairman, UGC.
17. If ultimately the UGC declares that the Degrees granted by the University to be valid, the petitioners would be at liberty to approach this court and even then they will have to satisfy the court about the observations recorded Digitally signed by MAMTA WADHWA 21- O.A. No. 177/2020 in the preceding paragraph so as to derive any equitable relief from this court.
18. Petitions are accordingly dismissed."
(Emphasis supplied)
18. As observed in the aforesaid judgments, the rational decision with regard to the validity of the degree of respondent no. 3 upon which can he be offered appointment has to be taken by the respondent no.1 and 2, as per the spirit of the aforesaid judgments. Any declaration with regard to the genuineness of the degree of respondent no. 3 is beyond the jurisdiction of this Tribunal. However, we observe that the disposal of representation is not in consonance with the ratio of aforesaid judgments and accordingly the orders dated 13.01.2020 and 03.03.2020 passed by respondent no. 2 are quashed and set aside. Learned counsel for the respondent no. 3 raised an objection that the order dated 13.01.2020 and 03.03.2020 are not under challenge by the applicant. The objection is dismissed as there is always a prayer in the O.A. to grant any relief to which the applicant is found entitled. Since the period i.e. 2009-2012 of degree of respondent no. 3 is same as it was the subject matter in the aforesaid judgements, therefore, the respondents no. 1 and 2 are under obligation to offer appointment only to the candidate, whose degree has been issued by the Institutions, whose credibility is beyond doubt in awarding degrees which does not seem in the case of Respondent No. 3. We are of the considered view that failing to verify degrees can lead to appoint unqualified candidate, which can negatively impact organizational performance.
19. In the given facts and circumstances of the case, we are of the Digitally signed by MAMTA view that the interest of justice would be met if the official respondents WADHWA 22- O.A. No. 177/2020 are directed to re-visit the matter in view of the dictum of judgments aforementioned and accordingly arrive at a conclusion with regard to the suitability of the degree of respondent no. 3 for the purpose of appointment to the post in question. Ordered accordingly. The needful be done within a period of two months from the date of receipt of a copy of this order. The Original Application stands disposed of in the above terms. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
Dated: 25.09.2025
'mw'
Digitally
signed by
MAMTA
WADHWA