By Our Reporter
SHILLONG: The High Court of Meghalaya has asked CMJ University not to admit students in the University till the controversy is resolved.
Dismissing a petition filed by CMJ University on Thursday, Chief Justice of the High Court of Meghalaya, Justice T Meena Kumari, also upheld the April 30 order of the Meghalaya Governor RS Mooshahary, who is a Visitor of the University, on a series of action against the institution.
“This court finds the letter of the secretary of the Government as contained under April 30, 2013 has no legal infirmity and it need not be interfered with by the court. It also made clear that till controversy is resolved, the University shall not admit the students,” the order stated.
The Chief Justice in her order observed that the University has acted on its own without getting the approval of the appointment of the Chancellor in admitting students for the year commencing from 2010-11 and onwards.
“It is a common policy that the University cannot confer a degree on the students without a Chancellor of the University,” she said.
Section 14 (1) of the CMJ University Act, 2009, makes it obligatory on the part of the University to appoint a Chancellor subject to the approval of the Visitor for a period of five years, which may be extended with prior approval of the Visitor.
It was learned that in April 2010, the secretary of the University issued a letter to the Under Secretary to the State Government, Education Department seeking for approval of appointment of the Chancellor which may be communicated to them on or before February 25, 2010, otherwise, it may be assumed that the Governor has accorded his approval for functioning and also the appointment of the first Chancellor of the University.
However, the provisions of the CMJ University Act, 2009, does not support the contention that there would be a ‘deemed approval’ for appointment of the Chancellor if the Governor fails to communicate before February 25, 2010.
“There is no approval accorded for appointment of the Chancellor by the authority concerned,” the court order stated adding that there were no materials placed before the court according to the approval of appointment of Chancellor by the Governor under the statute.
“In the absence of which, it may be assumed that there was no approval of the appointment of the Chancellor by the Governor,” the Chief Justice asserted in her order.