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Showing contexts for: cmj in Brijeshkumar Dasharathlal Patel vs State Of Gujarat & 2 on 30 June, 2015Matching Fragments
(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.
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.
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.
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.