STATE OF MEGHALAYA Vs. CMJ FOUNDATION

JUDGEMENT

(1.) The appellants, State of Meghalaya and Others, by the instant appeal are challenging the judgment and order dated 16-07-2015 passed by the learned Single Judge of this Court in WP(C). No. 177/2014 whereby the order dated 31-03-2014, passed by the State Government dissolving the CMJ University under Section 48 (2) of the CMJ University Act, 2009 (hereinafter for the sake of brevity called the said Act) was quashed and set aside.

(2.) The Meghalaya Legislative Assembly enacted the CMJ University Act, 2009 (Act No. 4 of 2009) to establish and incorporate a University in the State, with emphasis on providing high quality and industry, relevant education in the areas of Physical Sciences, Life Sciences, Technology, Medical Science and Paramedical, Management, Finance and Accounting, Commerce, Humanities, Language and Communication, Applied and Performing Arts, Education, Law, Social Sciences and related areas sponsored by CMJ Foundation and to provide matters connected therewith or incidental thereto.

(3.) Thus, CMJ Foundation means Chandra Mohan Jha, a Trust registered at Shillong. Sponsor means CMJ Foundation. Under Section 3(1) of the said Act of 2009, a Sponsor shall have the right to establish the University in accordance with the provision of the said Act and guidelines issued by the UGC. Under Sub-section 3 (2) of the said Act, the Sponsor shall make an application containing the proposal to establish the University to the State Government. Section 4 (1) and (2) provides that where the State Government, after such inquiry as it may deem necessary, is satisfied that Sponsor has fulfilled the conditions specified in Sub-section 2 of Section 3, may direct the Sponsor to establish an Endowment Fund in accordance to the guidelines issued by the UGC and after establishment of Endowment Fund, the State Government may accord sanction for establishment of the University in accordance with the guidelines issued by the UGC. The Sponsor shall appoint a person suitable as Chancellor of the University subject to approval of the Visitor.