Gujarat High Court
Brijeshkumar Dasharathlal Patel vs State Of Gujarat & 2 on 30 June, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/8949/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8949 of 2015
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BRIJESHKUMAR DASHARATHLAL PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR BHAVESH J PATEL, ADVOCATE for the Petitioner(s) No. 1
MR. RADHESH Y VYAS, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 30/06/2015
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue an appropriate writ, order or directions to the respondent authority to consider the matter and accept the Ph.D. degree of the petitioner for the appointment for the post of Adhyapak Sahayak and also declared that the Ph.D degree of the petitioner is valid as per UGC Regulations, 2009.
(C ) Your Lordships may be pleased to issue an appropriate writ, order or direction that to sty the document verification of the petitioner for the post of Page 1 of 7 C/SCA/8949/2015 ORDER Adhyapak Sahayak, which will be held on 27/05/2015 at 12:00 p.m. to 1:30 p.m. At Prajna Puram, Navrangpura, Ahmedabad, which is organized by the respondent authority and also stay the further proceedings in connection the option camp.
(D) During the pendency and final disposal of the petition the Respondent may be directed to allow the petitioner to exercise their document verification for employment of the post of Adhyapak Sahayak.
(E) Such further and other orders be passed, directions be given and reliefs be granted as this Hon'ble Court may deem fit and proper."
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:Page 2 of 7 C/SCA/8949/2015 ORDER
(1) B.Com. Degree & M.Com. Degree from 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 verification. I say and submit that upon 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.
Page 3 of 7 C/SCA/8949/2015 ORDER15. I say and submit that on the basis of the aforesaid aspects, 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 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.
Page 4 of 7 C/SCA/8949/2015 ORDERTherefore, when the Degree itself seems to be 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 mismangement, 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 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 Page 5 of 7 C/SCA/8949/2015 ORDER 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."
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 submitted that his client would not be entitled to any of the reliefs as prayed for in this writ application. He further requested for a very limited indulgence of this court by placing reliance 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 Page 6 of 7 C/SCA/8949/2015 ORDER State Government and seek an opportunity of hearing from it. The request made by them shall be sympathetically considered by the State Government."
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 petitioner has no case because the petitioner possesses only a provisional certificate of the P.hd degre 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.
(J.B.PARDIWALA, J.) Vahid Page 7 of 7