Termination of employment based on degrees from a University declared invalid was unlawful; the court upheld the legitimacy of prior qualifications.

JUDGMENT

Rajesh Bindal, J.

1. The appellants in Civil Appeal No. 797 of 2026 are aggrieved against the judgment dated 11.04.2019, passed by the High Court, High Court of Judicature at Patna in Letters Patent Appeal No. 671 of 2018. The High Court dismissed the appeal against the order of the Single Judge dated 22.02.2018 passed in Civil Writ Petition No. 6827 of 2016, thereby affirming the termination of services of the petitioners therein.

1.1 The appellants in Civil Appeal No. 798 and 799 of 2026 are before this Court, aggrieved against the dismissal of Letters Patent Appeal No. 567 of 2018 by the High Court vide order dated 01.11.2022. The High Court dismissed the aforesaid LPA relying upon earlier order dated 11.04.2019 passed in LPA No. 671 of 2018, since both the matters involved same issue.

2. Briefly, the facts are that the appellants approached the High Court challenging their dismissal from the post of librarian on which they were appointed by the State of Bihar. It was on account of the fact that the degree obtained by them from the University of Technology and Science, Raipur, Chhattisgarh,, For short “the University” was declared invalid as the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 , For short “the 2002 Act” under which the University was established, was later on declared to be ultra vires.

3. Briefly, the facts available on record are that the 2002 Act was enacted by the Chhattisgarh State Legislature providing for establishment of self-financing universities to promote higher education in the State. The University in question was granted recognition vide order dated 04.02.2002 by the State of Chhattisgarh under the provisions of the 2002 Act. On 28.05.2004, a public notice was issued enlisting the names of the universities that have been established under the 2002 Act, wherein the name of the University in question is mentioned at Serial No. 23. After getting admission in the aforesaid University, the appellants passed out with a degree of Bachelor of Library Science (B.Lib) in the year 2004. Even the Central Government vide communication dated 26.01.2004 issued by the Ministry of Human Resources Development, Government of India, had recognized the courses conducted by the University.

4. A Writ Petition was filed in this Court by Professor Yash Pal, former Chairman of the University Grants Commission (UGC), challenging the competence of the Chhattisgarh State Legislature to enact the 2002 Act. Vide judgment dated 11.02.2005, Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors., (2005) 5 SCC 420, the 2002 Act was declared to be ultra vires, by this Court.

4.1 In 2009, the State of Bihar issued an advertisement for recruitment to the post of librarians. On 22.05.2010, the appellants were selected as librarians and were working satisfactorily on the post. A Public Interest Litigation (PIL), Writ Petition No. CWJC No. 19959/2010 was filed before the High Court raising an issue that certain persons have been appointed as librarians on the basis of qualification obtained by pursuing the courses from the University, which was not a recognized institution. The writ petition was dismissed on 15.05.2014 as it lacked foundational facts. However, the State had taken action and as a result thereof, the services of the appellants were terminated vide order dated 22.08.2015. Challenging the same, writ petition, CWJC No. 6827/2016 was filed before the High Court, which was dismissed on 22.08.2018. The order passed by the Single Judge was upheld in intra- court appeal, LPA No. 671/2018 vide order dated 11.04.2019. Challenging the aforesaid order, the present