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IN THE HIGH COURT OF ALLAHABAD
RAJIV JOSHI, J.
Suneel Kumar And Another – Appellants
Versus
State Of U.P. – Respondent
Writ -A No. 37062 of 2014
Decided on : 16-03-2023
University Grants Commission Act, 1956 - Section 2(f) - B.T.C. Training Course - Semester Examinations - Appear - Present writ petition has been filed by two persons both sons with prayer for direction to respondent no.2 Principal, District Institute of Education Training, Bhogoan, Mainpuri to permit petitioners to appear in Iind and IIIrd Semester Examinations of B.T.C. Training Course-2012 and to continue their studies for said course - Petitioners have applied online for B.T.C. Training, 2012 from District Institute of Education Training, Mainpuri (for short ' DIET') in which, both of them are selected and sent for training - Petitioners have passed their Ist semester examination and examination of Iind semester was going to commence from, in meantime, respondent No. 2 Principal DIET, passed an order dated whereby training of petitioner has been discontinued as per judgment of Court dated passed in Writ-A No. which follows that degree obtained from CMJ University, Meghalaya from Academic Year are invalid - Whether State Government has taken action in furtherance of recommendations made by the Visitor-cum- Governor - Petitioners were directed to appear in person, in compliance of the said direction, the petitioners were appeared before the authority concerned but no decision was communicated to the petitioners by Director Higher and Technical Education, Meghalaya at Shilong. [Para 6]
Finding of Court : Pursuant to direction issued by Hon'ble Apex Court, as well as direction made in Special Appeal No. 154 of 2014, petitioners filed their representations in office of Director Higher and Technical Education, Meghalaya at Shilong whereupon, petitioners were directed to appear in person, in compliance of said direction, petitioners were appeared before authority concerned but no decision was communicated to petitioners by Director Higher and Technical Education, Meghalaya at Shilong - After judgment of Meghayala High Court dated passed in Writ(c) No. as well as amendment in Section 48 of Amendment Act 2019, CMJ University informed the petitioners, petitioner no. 2 under RTI Act, 2005 to effect that students named Registration No., Registration Noof Bachelor of Arts Degree has completed their verification and verification of both students are complete according to records of University and Degree of both aforesaid students are valid - In facts and circumstances, Degrees obtained by petitioners from CMJ University, Meghalaya in year -2012 are treated to be valid one.
Result : Writ petition is allowed
JUDGMENT :
1. Heard Sri Ashish Jaiswal, learned counsel for the petitioners and Ms. Shivi Mishra, learned Standing counsel for the respondent.
2. The present writ petition has been filed by two persons namely Sunil Kumar and Desh Deepak both sons of Sri Rameshwar Dayal with the prayer for direction to the respondent no.2 Principal, District Institute of Education Training, Bhogoan, Mainpuri to permit the petitioners to appear in the IInd and IIIrd Semester Examinations of B.T.C. Training Course-2012 and to continue their studies for the said course.
3. The record reflects that the petitioners passed their High School and Intermediate Examinations in Ist Division from the U.P. Board and subsequently obtained their Bachelor of Arts (B.A.) Degree in Ist Division from Chandra Mohan Jha University, Meghalya (for short 'CMJ University Meghalaya') which was duly recognized as per Section 2(f) of University Grants Commission Act, 1956.
4. On the strength of the aforesaid qualification, the petitioners have applied online for B.T.C. Training, 2012 from District Institute of Education Training, Mainpuri (for short ' DIET') in which, both of them are selected and sent for training. The petitioners have passed their Ist semester examination and the examination of IInd semester was going to commence from 22.1.2014, in the meantime, the respondent No. 2 Principal DIET, Mainpuri passed an order dated 13.1.2014 whereby the training of the petitioner has been discontinued as per the judgment of this Court dated 19.11.2013 passed in Writ-A No. 36180 of 2013 (Satyesh Kumar & Ors. Vs. State of U.P. & Ors), which follows that the degree obtained from the CMJ University, Meghalaya from the Academic Year 2009-2013 are invalid. The said letter of the Principal, DIET, Mainpuri has been appended at page no. 27 to 28 of the writ petition. Subsequently, the petitioners challenged the order dated 13.1.2014 passed by the Principal DIET, Mainpuri by way of Writ-A No. 3775 of 2014, which was dismissed vide judgment dated 21.1.2014 and the said order was affirmed by the Division Bench of this Court in Special Appeal No. 154 of 2014 vide order dated 11.2.2014 with the liberty to the petitioners to file appropriate representation in view of the direction issued by the Hon'ble Apex Court in Special Leave Petition [petition (s) for Special Leave to Appeal (Civil) No(s). 19617 of 2013 CMJ Foundation & Ors. Vs. State of Meghalaya & Ors].
5. It further reflects from the record that the CMJ Foundation, Meghalaya filed Special Leave to Appeal (Civil) No(s). 19617 of 2013 against the judgment and order dated 31.5.2013 passed in Writ-A No. 16 of 2013 by the High Court of Meghalaya at Shilong, the said Special Leave to Appeal is disposed of vide order dated 13.9.2013 with the direction to the State Government, Mehghalaya to take appropriate action under Section 48 of CMJ University Act, 2009 after giving notice and reasonable opportunity of hearing to the Institution. The order dated 13.9.2013 passed in Special Leave to Appeal (Civil) No(s). 19617 of 2013 is quoted as under:-
During the pendency of the special leave petitions, the Visitor-cum-Governor, Meghalaya made comprehensive recommendations on 12.6.2013 for dissolution of the University on the grounds of mismanagement, maladministration, indiscipline and failure in the enforcement of the objectives of the University, apart from criminal liability. The note containing the decision of the Visitor including the recommendations made by him reads as under:
"1. I h
Point of Law : Students whose admissions and degrees were declared illegal may also make representation to the State Government and seek an opportunity of hearing from it - Request made by them shall....
The appointment of the Chancellor of CMJ University was invalid due to lack of Visitor's approval, and the dissolution order was upheld for procedural compliance.
Singhania University was established under a Statute and automatically recognized. It needed no recognition by any other authority and hence the prayers of the Petitioners were granted.
Termination – Candidates should not be deprived of benefits of degree obtained by them while studying in University.
Termination of employment based on degrees from a University declared invalid was unlawful; the court upheld the legitimacy of prior qualifications.
The recognition of degrees obtained through distance learning from universities with off-campus study centers beyond territorial jurisdiction is subject to the UGC's regulations and public notices.
The court reaffirmed that permanent employment status established by earlier Supreme Court rulings is critical in adjudicating claims of similar rights.
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