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Showing contexts for: cmj in Cmj Foundation vs The State Of Meghalaya on 13 February, 2025Matching Fragments
“Section 14(1) of the CMJ University Act, 2009 makes it obligatory on the part of the University to appoint Chancellor subject to approval of the Visitor for a period of five years, which may be extended with prior approval of the Visitor. The Chancellor will be the head of the University. By the letter dated 01.04.2010 under Annexure 9, issued by the Secretary, CMJ Foundation addressed to the Under Secretary to the Govt. of Meghalaya, Education Department, Shillong seeking for approval of the appointment of the Chancellor which may be communicated to them on or before 25th February, 2010 otherwise it may be assumed that the governor has accorded his approval for functioning of the University and also the appointment of the first Chancellor of the university. The provisions of the CMJ University Act, 2009, does not support the contention of the learned counsel for the petitioner that there would be a "deemed approval" for appointment of the Chancellor if the Governor fails to communicate before 25th February 2010. The said provision also does not support such action of the Civil Appeal No(s). 9694 of 2024 University in complying (sic) with the principle "deemed approval" for the functioning of the University and also the appointment of the first Chancellor of the CMJ University.
(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 de-affiliation, the College continued to make admissions by misleading the students that the degrees will be issued by the CMJ University.
(i) That the show cause notices dated 12th November, 2013 and 24th January, 2014 issued to the appellants neither referred to any particular instance of mismanagement or maladministration on the part of the CMJ University authorities nor did they highlight the so-called deficiencies in running and management of the CMJ University. The appellants submitted detailed replies to the show cause notices within time, with the assurance that if any directions were issued in future for rectification of any alleged shortcoming, the management of the CMJ University would follow them accordingly. However, the State Government of Meghalaya vide order dated 31st March, 2014 dissolved the CMJ University with an immediate effect, without giving reasonable opportunity and liberty to the management of the CMJ University to rectify the alleged mismanagement and maladministration as provided under Sub-sections (2) and (3) of Section 48 of the Act, and therefore, the process as adopted by the State Government is arbitrary and invalid in the eyes of law.
5. The CMJ University issued a false and misleading newspaper advertisement in Shillong Times on April 22nd,2013 claiming that the University has not yet been awarded any Ph. D degree to any of the students enrolled from the State of Assam. On the other hand this office has reliable information about the CMJ University has been awarded a Ph. D degree to candidates from Assam.
6. The CMJ University has not submitted the Annual Reports to the Visitor in violation of Section 45(3) of the CMJ University Act 2009.