Case Note & Summary
The case pertains to the dissolution of CMJ University, a private university established under the Chandra Mohan Jha University Act, 2009 (the Act) by the CMJ Foundation. The dispute arose from the appointment of Shri Chander Mohan Jha as the Chancellor of the University by the Board of Trustees on 29th July, 2009, subject to the approval of the Visitor (Governor of Meghalaya) under Section 14(1) of the Act. Despite several reminders, the Visitor did not grant approval. The University assumed deemed approval and commenced operations. In 2013, the Visitor issued directions under Section 13(3)(b) of the Act, requiring the University to recall degrees, submit a fresh proposal for Chancellor, and frame rules for M.Phil/Ph.D programs. The University challenged these directions, but the High Court upheld them. Subsequently, the State Government issued show cause notices and eventually dissolved the University on 31st March, 2014 under Section 48 of the Act. The learned Single Judge quashed the dissolution order and show cause notices. The Division Bench set aside the Single Judge's order and remanded the matter for fresh consideration. The Supreme Court upheld the Division Bench's decision, holding that the appointment of Chancellor was irregular as it lacked the Visitor's approval, and the dissolution order was validly passed after due process. The Court directed the Single Judge to decide the matter afresh on merits within six months.
Headnote
A) University Law - Appointment of Chancellor - Section 14(1) of the Chandra Mohan Jha University Act, 2009 - The appointment of the Chancellor requires prior approval of the Visitor (Governor). The University cannot assume deemed approval in the absence of a response. The Visitor's letters dated 4th April, 2013 and 11th April, 2013 highlighting the irregularity were valid. (Paras 27-34) B) University Law - Visitor's Powers - Section 13(3)(b) of the Chandra Mohan Jha University Act, 2009 - The Visitor has the power to issue directions if any order, proceeding or decision is not in conformity with the Act, Regulations or Rules. The directions dated 30th April, 2013 were legally sound and binding. (Paras 35-43) C) University Law - Dissolution of University - Section 48 of the Chandra Mohan Jha University Act, 2009 - The dissolution order dated 31st March, 2014 was passed after issuing show cause notices and providing opportunity of hearing. The University failed to comply with the Visitor's directions and the appointment of Chancellor remained unapproved. The dissolution was valid. (Paras 44-46) D) Civil Procedure - Remand - The Division Bench of the High Court was justified in remanding the matter to the learned Single Judge for fresh consideration on merit, as the Single Judge had quashed the dissolution order without properly considering the validity of the appointment of Chancellor and the compliance with Section 48. (Paras 47-50)
Issue of Consideration
Whether the appointment of the Chancellor of CMJ University was made with due adherence to the procedure mandated by law; Whether the dissolution order dated 31st March, 2014 was passed with due adherence to Section 48 of the CMJ University Act, 2009 and in compliance of the directions issued by this Court; Whether the Division Bench of the High Court was justified in remanding the matter to the learned Single Judge for reconsideration on merit
Final Decision
The Supreme Court dismissed the appeals and upheld the Division Bench's order remanding the matter to the learned Single Judge for fresh consideration on merit. The Court held that the appointment of Chancellor was irregular for lack of Visitor's approval, and the dissolution order was validly passed. The Single Judge is directed to decide the matter afresh within six months.
Law Points
- Appointment of Chancellor requires prior approval of Visitor
- no deemed approval
- Visitor's power to issue directions under Section 13(3)(b)
- dissolution under Section 48 requires show cause and opportunity of hearing
- High Court Division Bench justified in remanding for fresh consideration
