- (1.) This special appeal arises from a judgment of the learned Single Judge dated 19 November 2013. The appellants were petitioners in one of a batch of writ petitions filed under Article 226 of the Constitution. By their petition, the appellants sought a mandamus commanding the respondents to appoint them on the post of Part Time Instructors (Anudheshak) in the subjects of Arts, Education and Physical Education. They were aggrieved by a communication dated 31 May 2013 issued by the Additional Project Director to the District Basic Education Officer. All the appellants claimed appointment on the basis of the degree of Bachelor of Arts obtained from the Chandra Mohan Jha (C.M.J.) University, Modrina Mansion, Laitumkhrah, Shillong, Meghalaya - the first seven appellants in Fine Arts and the remaining in Physical Education. The learned Single Judge, by the order impugned in these proceedings, has dismissed the petition. The C.M.J. University, Meghalaya was established under the C.M.J. University Act, 2009, a State Act. Under Section 13(1) of the Act, the Governor of Meghalaya is the Visitor of the University. Under Section 13(3)(b) of the Act, the Visitor is empowered to issue directions which would be binding on the University. Section 13(3)(b) of the Act reads as follows: 13.(3) The Visitor shall have the following powers namely: (a) .... (b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules, he may issue such directions as he may deem fit in the interest of the University which will be binding to all concerned.
(2.) On 30 April 2013, a communication was addressed by the Secretariat of the Governor to the Chairperson of the C.M.J. Foundation, pointing out several irregularities, inter alia, in regard to the grant of illegal admissions. In the circumstances, the following directives were issued under Section 13(3)(b) of the Act by the Visitor: In view of the above, the Governor of Meghalaya, in his capacity as the Visitor of the C.M.J. University issues the following directions under the Section 13(3)(b) of the C.M.J. University Act 2009 for immediate compliance: (1) The C.M.J. University shall recall/withdraw all the degrees awarded so far and publish this fact in national and local newspapers at their own cost. (2) The C.M.J. Foundation shall submit a fresh proposal for appointment of the Chancellor alongwith the correct Bio-data of the candidate recommended and supporting documents. (3) The C.M.J. University shall frame rules and procedures for admission into the M.Phil and Ph.D. degree programmes, allocation of supervisor, course work, evaluation, assessment and other related matters in accordance with the U.G.C. (Minimum Standards and Procedure for Awards of M.Phil/Ph.D. degree) Regulation, 2009. (4) No fresh admission of students shall be undertaken by the C.M.J. University till compliance of the above instructions and till the appointment of the Chancellor in accordance with Section 14 (1) of the C.M.J. University Act 2009. You are hereby required to comply with the above directives and submit a compliance report to the Visitor by 21st May, 2013.
(3.) Subsequently, by a communication dated 24 May 2013, the Governor responded to a reply received from the University and observed that the University was running several off campus centers outside Meghalaya, which was contrary to the U.G.C. (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 and the decision of the Supreme Court in Prof. Yashpal v. State of Chhattisgarh, 2005 5 SCC 420. Moreover, it was noted that contrary to law the University was offering distance education programmes outside the boundaries of Meghalaya. The communication referred to several instances of gross irregularities and unethical practices on the part of the University which had eroded the credibility and foundation of the University to function and to achieve its goal of disseminating higher education. The communication notes that the violation amounts to mismanagement, maladministration and the failure of accomplishment of the objectives of the University within the meaning of Section 48 of the Act so as to warrant the dissolution of the University. In the circumstances, the following directives were issued under Section 13(3)(b): In view of the aforesaid, the Governor of Meghalaya in his capacity as Visitor of the C.M.J. University, issues the following further Directives under the Section 13(3)(b) of the C.M.J. University Act, 2009. (i) The C.M.J. Foundation/University shall ensure compliance of the Directives issued vide this office letter No. GSMG/C.M.J.U/82/2009/143 dated 30.4.2013. (ii) Furnish fresh lists of PhD scholars enrolled and PhD awarded separately with full address and telephone numbers of the students and the name of guide(s) for each student. (iii) Furnish fresh list of Guides from the start of PhD enrolment with their consent letters and full address and telephone numbers and the amount of fees paid to each. (iv) Refrain from issuing misleading advertisement in the newspaper/electronic media in the interest of student community. (v) Refund all the fees charged together with interest to the students who wish to withdraw from the C.M.J. University, within 15 days of intimation by the student(s) concerned. (vi) Furnish the Annual Accounts, the Balance Sheet and the Audit Report to the Visitor in terms of Section 46 (4) of the C.M.J. University Act, 2009. (8) You are hereby required to comply with these and earlier directives by 10th June 2013 failing which it shall be construed that the C.M.J. University has no ability to correct the deficiencies. (9) Please also note that you can approach the police for copies of any seized records and documents for the purpose of compliance with these directives.;