SHILLONG, MAY 17: Shillong high court chief justice T Meena Kumari has uphold the direction of Meghalaya governor RS Mooshahary for stopping fresh admission in the controversial CMJ University and also maintained that the order issued by the Governor secretariat to the institute stands.
Disposing off the writ petition filed by the CMJ University against the governor’s secretariat directive saying that the order is “legal infirmity” , Kumari however said , “This court finds that the letter of the Secretary of the Governor as contained under April 30, 2013 has no legal infirmity and it need not be interfered with by this court.”
Kumari instead supported the directive saying that the University stops fresh admission till controversy is resolved. The court order says, “It is also made clear that till controversy is resolved, the University shall not admit the students in the university.”
Kumari’s ruling came after she heard both the parties while hearing the writ petition filed by the CMJ University. The petition questioned the order passed by the principal secretary to the Governor of Meghalaya.
Advocate SP Sharma represented the CMJ University while Meghalaya Advocate General KS Kynjing appeared on behalf of the government.
After hearing both sides, the court said as per section 14 (1) of the CMJ University Act, 2009 it makes it obligatory on the part of the University to appoint Chancellor subject to approval of the Visitor-Governor- for a period of five years, which may be extended with prior approval of the Visitor.
A letter dated April 1, 2010 issued by the secretary, CMJ Foundation addressed to the Meghalaya government education under secretary seeking approval for the appointment of the Chancellor which may be communicated to the university on or before February 25, 2010 otherwise it may be assumed that the Governor had accorded his approval for functioning of the university and also the appointment of the first Chancellor of the University.
Kumari, however, stated that the provisions of the CMJ University Act, 2009, does not support the contention of the counsel for the University that there would be ‘deemed approval’ for appointment of the Chancellor if the Governor fails to communicate before February 25, 2010.
The court judgment said, “The said provision also does not support such action of the University in complying with the principle ‘deemed approval’ for functioning of the university and also the appointment of the first Chancellor of the CMJ University.”
The court order also said that “There is no material placed before the court by the University according the approval of appointment of the “Chancellor” by the Governor under the statue” adding “In absence of which, it may be assumed that there was no approval of the appointment of the chancellor by the Governor.”
Kumari order also observed that the university had acted on its own without getting approval for the appointment of the Chancellor in admitting students for the year commencing from 2010 – 2011 and onwards. The order also said that it is a common policy that the university cannot confer a degree on the students without a Chancellor of the University- By Our Reporter
+ There are no comments
Add yours