Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 – The University in question (mentioned at serial no.23) was granted recognition by the State of Chhattisgarh under the provisions of the 2002 Act – After getting admission in the aforesaid University, the appellants passed out with a degree of Bachelor of Library Science (B.Lib) in the year 2004 – The aforesaid Act was declared to be ultra vires by this Court vide order dated 11.02.2005 – Thereafter, the State of Bihar issued an advertisement for recruitment to the post of librarians and appellants were selected – PIL was filed raising an issue that certain persons have been appointed as librarians on the basis of qualification obtained by pursuing the courses from the University, which was not a recognized institution – PIL was dismissed – However, the State took action and the services of the appellants were terminated – Correctness: Held: What is evident from the facts of the case is that the University from which the appellants had studied had been set up under the 2002 Act enacted by the Chhattisgarh State Legislature – The aforesaid Act was declared to be ultra vires by this Court vide order dated 11.02.2005 – Till such time, the students had been studying and passing out – At the time of declaration of the said Act to be ultra vires, this Court had protected the students who were still studying – They were directed to be transferred to alternative institutions recognized by the State – Considering the aforesaid fact and also that in the factual situation in hand, the appellants cannot be said to be at fault as they had studied in the University, which has been set up under the 2002 Act enacted by the State Legislature – Hence, they should not be deprived of the benefits of the degree obtained by them while studying in the University – It is not the case of the State that the University in which the appellants studied was bogus or no study was actually imparted – Accordingly, the orders vide which the services of the appellants were terminated is declared as illegal – Appellants are directed to be reinstated back in service, with continuity – However, they are not entitled to any back wages. [Paras 16-18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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