Supreme Court upheld order for dissolution of CMJ University

Shillong, Feb 13: The Supreme Court on Thursday ordered the dissolution of the CMJ University in Meghalaya, affirming the state government’s decision to shut down the institute in 2014 for allegedly defrauding thousands of students by giving them fake degree certificates.

The apex court has upheld the state’s order, dismissing the Meghalaya high court’s 2021 directive for a reconsideration of the dissolution.

The appeals are filed challenging the judgment and order dated May 6, 2021 passed by the Division Bench of the Meghalaya High Court at Shillong whereby the judgment and order dated July 16, 2015 passed by the Single Judge of the High Court in Writ Petition (C)No 177 of 2014 was quashed and set aside and the matter was remanded to the Single Judge to take appropriate decision regarding the validity of the order, dissolving the Chandra Mohan Jha University, on merit preferably within a period of six months.

Vide judgment and order dated July 16, 2015, the Single Judge of the High Court quashed and set aside the order dated March 31, 2014 passed by the government of Meghalaya dissolving the University and also quashed the show cause notices dated November 12, 2013 and January 24, 2014 issued to the University by the state government.

In its order, the bench comprising justices PS Narasimha and Sandeep Mehta said, “The procedure prescribed under Section 14 (1) of the Act for the appointment of the Chancellor Chandra Mohan Jha (CMJ)was not duly followed by the CMJ University and consequently, the appointment of the Chancellor of the CMJ University was non est and void ab initio.”

“The dissolution order dated 31st March, 2014 has been passed with strict adherence to the procedural requirements outlined under Section 48 of the CMJ University Act, 2009, and in compliance of the directions issued by this Court in its order dated 13th September, 2013 passed in SLP(C) No. 19617 of 2013.

The Division Bench of the High Court was not justified in remanding the matter to the learned Single Judge for reconsideration on merits,” it said while adding “The decision of the state government dated 31st March 2014 in dissolving the CMJ University is affirmed. It would be open for the state government to take appropriate measures pursuant to the affirmation of the decision to dissolve the CMJ University.”

The bench also further stated that in view of the aforesaid discussion and for the reasons stated above, Civil Appeal No 9694 of 2024 filed by appellants is found to be without merit an deserves to be and is hereby dismissed.

“Conversely, the Civil Appeal No 9695 of 2024, filed by the State, is allowed and the direction given by the Division Bench to remand the matter to the Single Bench is set aside. The impugned judgment is modified to this extent only.

However, in the facts and circumstances of the case, there shall be no order as to costs. Pending application(s), if any, shall stand disposed of,”it added.

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