Heard Mr. A Kumar, learned senior counsel assisted by Mr. R Jha, learned counsel for the petitioners and Mr. KS Kynjing, learned Advocate General assisted by Mr. K Khan, learned Addl. Sr. GA appearing for the respondents.

2. The Meghalaya Legislative Assembly enacted the CMJ University Act, 2009 (Act. No.4 of 2009) to establish and incorporate an University in the State, with emphasis on providing high quality and industry-relevant education in the areas of Physical Sciences, Life Sciences, Technology, Medical Science and Paramedical, Management, Finance & Accounting, Commerce, Humanities, Languages & Communication, Applied and Performing Arts, Education, Law, Social Science and related areas sponsored by CMJ Foundation and to provide for matters connected therewith or incidental thereto. As the questions call for decision in the present writ petition are to be decided taking into consideration of the provisions of the CMJ University Act, 2009 (for short ‘the said Act of 2009’), it would be more profitable to reproduce the relevant Sections of the said Act of 2009. Accordingly, the relevant Sections of the said Act of 2009 are reproduced hereunder:-

“1. (1) This Act may be called CMJ University Act, 2009

(2). It shall come into force on such date as the State Government may, by notification appoint.

Definitions

2. In this Act, unless the context otherwise indicates:

(i.) “Academic Council” means the Academic Council of the University;

(ii.) “Act” means the CMJ University Act, 2009;

(iii.) “AICTE” means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987;

(iv.) “Affiliated College” means a college or an institution which is affiliated to this University;

(v.) “Annual Report” means the annual report of the University as prepared in Section 45 of the Act;

(vi.) “BCI” means the Bar Council of India;

(vii.) “Board of Governors” means the Board of Governors of the University as referred to in Section 21 of the Act;

(viii.) “Board of Management” means the Board of the Management of the University constituted in Section 22 of the Act;

(ix.) “CMJ Foundation” means Chandra Mohan Jha Foundation, a Trust registered at Shillong and recorded in Book No.1, Vol-2, Pages 166-188 being no.383 of the year 2004;

(x.) “Chancellor” means Chancellor of the University appointed in Section 14 of the Act;

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(xiv.) “Development Fund” means the Development Fund of the University established under Section 43 of the Act;

(xv.) “Distance Education System” means the system of imparting education through any means of Information Technology, Communication and other media such as Multimedia, Broadcasting, Telecasting, Online over internet, portal, other interactive methods, email, internet, computer, interactive talk-back, e-learning, correspondence course, seminar, contact programme or a combination of any two or more of such means;

(xvi.) “Endowment Fund” means Endowment Fund of the University established under Section 41 of the Act;

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(xx.) “General Fund” means General Fund of the University as referred to in Section 42 of the Act;

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(xxix.) “Principal” in relation to a Constituent College, means Head of the Constituent College and includes, where there is no Principal, the Vice Principal or any other person for the time being appointed to act as Principal;

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(xxxi.) “Registrar” means Registrar of the University appointed under Section 17 of the Act;

(xxxii.) “Rules & Regulations” means the Rules & Regulations of the University;

(xxxiii.) “Sponsor” means CMJ Foundation;

(xxxiv.) “State” means the State of Meghalaya;

(xxxv.) “State Government” means the State Government of Meghalaya;

(xxxvi.) “Statutes” means the Statutes of the University;

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(xxxviii.) “Teachers”