Madhya Pradesh High Court
Sunil Kumar Yadav vs The State Of Madhya Pradesh on 16 January, 2024
Author: Sheel Nagu
Bench: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 12007 of 2019 (S)
(SUNIL KUMAR YADAV Vs STATE OF M.P. AND OTHERS)
Dated: 16/01/2024
Shri Dharmesh Chaturvedi - Advocate for the petitioner.
Shri Lokesh Jain - Panel Lawyer for the respondents No.1 to 4/State.
Shri M. Shafiqullah - Advocate for respondent No.5. ______________________________________________________________ Shri Dharmesh Chaturvedi submits that he has obtained NOC from the previous counsel and has instructions from petitioner to file Power of Attorney on his behalf and shall be doing so during the course of this week.
2. It is seen from the record that this petition assails order dated 27.05.2019 (Annexure P/11) issued by Collector-District Programme Coordinator, Zila Panchayat, Jabalpur by which the said authority directed Chief Executive Officer, Janpad Panchayat, Patan to deduct marks awarded based on the qualification of Diploma in Computer Application issued by CMJ University, Shillong, Meghalaya vide Annexure R/2. This direction was passed vide Annexure P/11 pursuant to order of Apex Court in SLP (Civil) No.19617/2013 (CMJ Foundation and another vs. State of Meghalaya) passed on 13.09.2013 whereby it was concluded thus:
"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, 2013.2
(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 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 M.Phil/ Ph.D 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 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 & Anr. Versus State of Chhattisgarh & Ors. 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 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.
3xi) 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 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 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 in furtherance of the recommendations made by the Visitor-cum-Governor. In view of the above, we feel that ends of justice will be 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."
3. From the website of Apex Court, it does not appear that the said final decision of Apex Court dated 13.09.2013 in CMJ Foundation (supra) has 4 been disturbed. As such, the same is the law laid down by Apex Court and is binding precedent for this Court under Article 141 of the Constitution. It is obviously binding upon the Collector and the District Coordinator and therefore, the impugned order dated 27.05.2019 appears to have been prima facie correctly issued.
4. However, in the said order, it is noticeable that in one of the penultimate paragraphs that Apex Court extended liberty to students whose admission and degrees were declared illegal to make representation to the State Government and seek an opportunity of hearing with a further observation that the said request of the students would be sympathetically considered by the State.
5. The only question thus remains is whether petitioner is liable to be extended the said benefit of making representation to the State.
6. It is not disputed that petitioner is enjoying the benefit of interim order passed by this Court on 17.07.2019, as a result of which, petitioner is continuing in service as Gram Rozgar Sahayak since his initial appointment in 2012. Whereas respondent No.5 who secured more marks than petitioner ( if the marks of petitioners awarded for Computer Application course are deducted) has been prima facie deprived of his rightful claim.
7. Any final order ought not to be made unless petitioner is represented and since Shri Dharmesh Chaturvedi has sought time to file Power of Attorney on behalf of petitioner, it would be appropriate to list this matter in the next week to afford said opportunity to petitioner.
8. Interim relief passed on 17.07.2019 shall continue till next date of hearing.
(Sheel Nagu) Judge YS Digitally signed by YOGESH KUMAR SHRIVASTAVA Date: 2024.01.17 17:34:50 +05'30'