VidhiSangh

Supreme Court of India · 13/02/2025

CMJ FOUNDATION AND OTHERS versus STATE OF MEGHALAYA AND OTHERS

[2025] 2 S.C.R. 1020 · 2025 INSC 211

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Summary

The Supreme Court upheld the State of Meghalaya's 2014 order dissolving CMJ University. It held that the Chancellor's appointment without the Visitor's approval under Section 14(1) of the Chandra Mohan Jha University Act, 2009 was non est, since 'subject to approval' means conditional on approval and the Act contains no deemed approval; that the dissolution complied with Section 48 and the Court's 2013 directions; and that the High Court Division Bench, having upheld the procedure, wrongly remanded the matter to the Single Judge.

Issues

  1. Whether the appointment of the Chancellor of CMJ University by the Sponsor, never approved by the Visitor, was valid under Section 14(1) of the Act, and whether the Visitor's silence amounted to deemed approval.
  2. Whether the dissolution order dated 31 March 2014 was passed in compliance with Section 48 of the Act and with the Supreme Court's order dated 13 September 2013 in SLP(C) No. 19617 of 2013.
  3. Whether the Division Bench of the High Court was justified in remanding the matter to the Single Judge for reconsideration on merits after upholding the procedure followed for dissolution.

Provisions considered

Held

Result

Appeal of the CMJ Foundation dismissed; State's appeal allowed and the Division Bench's remand to the Single Judge set aside; dissolution order dated 31 March 2014 affirmed, with liberty to the State Government to take consequential measures; no costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1020.