1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Judgment reserved on 10.07.2019
Judgment delivered on 05.09.2019
WPC No. 3135 of 2018
Dr. Deepak Sharma S/o T.D. Sharma Aged About 45 Years Member, Juvenile Justice Board Bilaspur R/o Opposite Income Tax Bhawan, Bhartiya Nagar, Bilaspur, P.S Civil Lines, District Bilaspur District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. and P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona, Road, P.S. Koni, Po Birkona, District Bilaspur Chhattisgarh.--- Respondents
WPC No. 24 of 2019
Dr. Ritu Shrivastava W/o Shri Deepak Shrivastava Aged About 35 Years R/o Sharda Vihar Street No. 01 Near Petro Pump, Amlidih, New Rajendra Nagar, P.O. Ravigram, Raipur, District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO & P.S. Rakhi District Raipur District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through The Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur , District : Bilaspur, Chhattisgarh ---- Respondents
WPC No. 82 of 2019
Arti Shrivastava W/o Shri Aishwarya Shrivastava Aged About 41 Years R/o Hig-8, Kavita Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through the Secretary, Department of Higher Educaion, Mahanadi Bhawan, Mantralaya, Atal Nagar, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through the Registrar, Koni- Birkona Road, P.S. Koni, PO Birkona, Disrtict- Bilaspur, Chhattisgarh. --- 2
Respondents
WPC No. 100 of 2019
Dr. Prateek Pandey S/o Shri D. N. Pandey Aged About 43 Years R/o House No. 1, Rachna Maitri Vihar, Hirapur Road, Tatibandh, Tahsil Raipur, Police Station Tatibandh, Raipur, District Raipur, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary Department of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office and Police Station Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open) Univerisity Bilaspur, Through Its Registrar Koni Birkona Road, Police Station Koni, Post Office Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 177 of 2019
Dr. Nidhi Sharma W/o Shri Sandeep Tikariha Aged About 39 Years R/o Near Bus Stand, Gariyaband Road, Rajim District Gariyaband Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through The Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through The Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 548 of 2019
Dr. Manoj Jha S/o Shri Kusheshwar Jha Aged About 43 Years R/o C/ 231 Ward No. 02 Teachers Colony Kota Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through the Secretary Department of Higher Education Mahanadi Bhawan Mantralaya Atal Nagar District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University ) through the Registrar Koni, Birkona Road police Station Koni Post Office Birkona District Bilaspur Chhattisgarh. --- Respondents
WPC No. 743 of 2019
Dr. Abhay Kumar Kapre S/o Shri Purushottam Kapare Aged About 44 Years R/o Mamta Nagar Road, Near Ganesh Temple, Rajnandgaon P.S. City Kotwali, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Petitioner 3
Versus
1. State of Chhattisgarh through Secretary to The Govt. of Chhattisgarh Department of Higher Education Mahanadi Bhawan Atal Nagar Raipur., District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary To The Chancellor Raj Bhawan, Civil Lines Raipur, District Raipur Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University Through The Registrar Pt. Sunderlal Sharma (Open) University Koni - Birkona Road, Bilaspur District Bilaspur Chhattisgarh. --- Respondents
WPC No. 935 of 2019
Dr.Jyoti Sinha W/o Shri Romnath Sinha Aged About 46 Years R/o B-1102, Amrapali Eden Park Sector 50, Noida District : Noida, Uttar Pradesh --- Petitioner
Versus
1. State of Chhattisgarh through the Secretary, Department of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open Univercity) through the Registrar, Koni Birkona Road, Police Station Koni, Post Office Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 1129 of 2019
Sapan Kumar Sinha S/o Late Shri Ramnandan Prasad Sinha Aged About 57 Years R/o Sarovar Marg, Ward No. 14, ( Bade Sardar Building ), Manendragarh, District- Korba, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office and Police Station- Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma(Open University) Through Its Registrar, Koni- Birkona Road, Police Station- Koni, Post Office- Birkona, District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 1329 of 2019
Dr. Rajkumar Jain S/o Late Shri M.L. Jain Aged About 59 Years R/o State Bank Road Balod, Tahsil Balod, P.S. Balod, Pin Code 491226, District : Balod, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District - Raipur Chhattisgarh. 4
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District - Bilaspur Chhattisgarh. --- Respondents
WPC No. 1738 of 2019
Dr. Smt. Rekha Dubey W/o Shri Satish Kumar Dubey Aged About 47 Years R/o Near Mini Hostel Old Sarkanada, Bilaspur District Bilaspur Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office and Police Station Rakhi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University ) through Its Registrar, Koni - Birkona Road, Police Station Koni, Post Office Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3136 of 2018
Dr. Deokaran Bodale S/o Shri Raghunath Bodale Aged About 54 Years R/o - Mig Ii/25, Sector - 3, Pt. Dindayal Upadhyay Nagar, Raipur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office And Police Station Rakhi, District - Raipur, Chhattisgarh.
2. Pandit Sunderlal Sharma (Open University) Through Its Registrar, Koni - Birkona Road, Police Station Koni, Post Office Birkona, District - Bilaspur, Chhattisgarh. --- Respondent
WPC No. 3137 of 2018
Dr. Devendra Nath Panigrahy S/o Shri Raghunandan Panigrahy Aged About 56 Years R/o Mig-31, Sector -3, Pt. Dindayal Upadhyay Nagar, Raipur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po and PS Rakhi.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona, Road, P.S. Koni, Po Birkona, District Bilaspur Chhattisgarh.--- Respondents
WPC No. 3138 of 2018
Dr. Smt Vandana B. Chauhan W/o Late Shri Bhupesh Chauhan Aged About 44 Years R/o 57/7, Radhika Nagar, Supela Bhilai, Near Supela Thana, District - Durg, Chhattisgarh. --- Petitioner 5
Versus
1. State of Chhattisgarh through its Secretary, Department Of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office And Police Station Rakhi, District - Raipur, Chhattisgarh.
2. Pandit Sunderlal Sharma (Open University ) Through Its Registrar, Koni - Birkona Road, Police Station Koni, Post Office Birkona, District - Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3150 of 2018
Apoorwa Mishra S/o Shri Suresh Mishra Aged About 42 Years R/o G-43, Surya Apartment, Model Town, Near Vande Mataram Apartment, Bhilai, District Durg Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, P .O- Rakhi, Atal Nagar, District Raipur Chhattisgarh.
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh through its Registrar, Koni, Birkona Road, Bilaspur Chhattisgarh. --- Respondents
WPC No. 3169 of 2018
Dr. Sheikh Shahid S/o Late Shri Sheikh Majid Aged About 41 Years R/o Behind Head Post Office Near Bajrang Akhara Chatapara, Bilaspur, Tahsil And District Bilaspur Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3170 of 2018
Dr. Yogesh Kumar Agrawal S/o Shri Anand Kumar Agrawal H. No. - 254, Atal Awas, Belbhatha, Abhanpur, District Raipur Chhattisgarh. 493661, --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralya, New Raipur, District Raipur Chhattisgarh.
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3177 of 2018
Dr. Pramod Kumar Tiwari S/o G.S. Tiwari, Aged About 55 Years R/o Behind 6
R.S. Provision Store, Ward No. 5, Nehru Nagar Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh,
2. Registrar, Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil and District Bilaspur Chhattisgarh, --- Respondents
WPC No. 3195 of 2018
Dr. Sheetal Sharma W/o Shri Manoj Sharma, Aged About 40 Years R/o Plot No. C-59, Street No. 15, Smriti Nagar, Bhilai, District Durg Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, P.O. Rakhi, Atal Nagar, District Raipur Chhattisgarh.
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh Through Its Registrar, Koni, Birkona Road, Bilaspur Chhattisgarh.
---- Respondent
WPC No. 3201 of 2018
Dr. Manoj Sharma S/o Shri M.L. Sharma Aged About 39 Years R/o Plot No. C-59, Street No. 15, Smriti Nagar, Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, P.O. Rakhi, Atal Nagar, District Raipur Chhattisgarh.
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh through its Registrar, Koni, Birkona Road, Bilaspur Chhattisgarh. --- Respondents
WPC No. 3203 of 2018
Dr. Smt. Sulakshna Vasnik W/o Shri Santosh Vasnik Aged About 37 Years R/o Ganga Nagar Phase-2, House No. 102, Mangla, Bilaspur (Chhattisgarh). --- Petitioner
Versus
1. State of Chhattisgarh through the Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Kone- Birkona Road, Ps Koni, Po Birkona, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents 7
WPC No. 3204 of 2018
Dr. Dinesh Kumar Namdeo S/o Nandkishre Namdeo Aged About 51 Years R/o Q.No. Ritz 33, Ganpati Vihar, Borsi Tahsil And District- Durg, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Educaion, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh.,
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3205 of 2018
Dr. Sumit Kumar Soni S/o Late Shri Gokul Soni Aged About 35 Years R/o Gondpara, Raja Ram Temple, PS City Kotwali, Bilaspur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And PS Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3208 of 2018
Dr. Ritu Sharma W/o M.P. Sharma Aged About 44 Years R/o Dindayal Puram, Mig-33, T.V. Tower, Chhote Atarmura, Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education Mahanadi Bhawan Mantralaya, Atal Nagar, Post Office And Police Station Rakhi, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Police Station - Koni, Post Office Birkona, District - Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3210 of 2018
Dr. Anju Mishra D/o Shri F. L. Mishra Aged About 41 Years R/o Bangalipara, Gali No. 06, Chakrawati Chawl, New Sarkanda, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher 8
Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and P. S. Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni Birkona Road, P. S. Koni, Po Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3215 of 2018
Dr. Smt. Shweta Bhimte W/o Shri Ramadhar Bhimte Aged About 33 Years R/o Plot No. 19/121, Road No. 3a, Metri Kunj, Risali Bhilai, District Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and P.S. Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharama (Open University) Through Its Registrar, Koni, Birkona, Road, P. S. Koni, Po Birkona, District Bilaspur, Chhattisgarh. --- Respondent
WPC No. 3221 of 2018
Dr. Mrs. Biji Bahadur W/o Dr. K. Bahadur Aged About 53 Years R/o E-5, Green Park, Vishal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi, Disrtict- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent
WPC No. 3225 of 2018
Dr. Smt Ranjanadevi W/o Shri Anil Wanelkar Aged About 48 Years R/o Plot No. 10 A, Shiv Society Near Somnath Temple, Airport Road, Opposite To Ajaywadi, Subhash Nagar, District Bhawanagar, Gujrat., District : Bhavnagar, Gujarat --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, P. S. Koni, Po Birkona, District Bilaspur, Chhattisgarh. ---- Respondents
WPC No. 3229 of 2018 9
Dr. Pooja Malhotra W/o Shri Sachin Malhotra Aged About 44 Years R/o H.No. 357, New Adarsh Nagar, Durg Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. and P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondent
WPC No. 3230 of 2018
Dr. Atul Kumar Shrivastava S/o Shri U. K. Lal Aged About 51 Years R/o Leela Sadan, Plot No. 51, Anand Vihar, Supela Bhilai, Durg, Chhattisgarh. ---- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And P. S. Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, PS. Koni, PO Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3232 of 2018
Dr. Smt. Azra Husain W/o Shri B.D. Rayeen Aged About 54 Years R/o- Q.No. 4/2, Road No. 03, Near Jubli Park, Sector-6, Bhilai Nagar, Durg Chhattisgarh, District : Durg, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3237 of 2018
Dr. Basant Kumar Anchal S/o Late B.S. Anchal Aged About 50 Years R/o Imlipara, Behind Of Gaghuraj Singh Stadium, Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, New.
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, 10
Chhattisgarh --- Respondents
WPC No. 3238 of 2018
Dr. Smt. Archana Verma W/o Shri Jitendra Kumar Verma Aged About 46 Years R/o Shankar Madhav B-37, Krishna Nagar, Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office And Police Station Rakhi, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. Pandit Sunderlal Sharma (Open University) through its Registrar Koni- Birkona Road, Police Station Koni, Post Office Birkona, District - Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3240 of 2018
Dr. Neeta Sharma W/o Shri Raj Kumar Sharma Aged About 50 Years R/o MIG-1/71, M.P. Nagar, Korba, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3244 of 2018
Dr. Jagrani Pushpa Kujur D/o Late Shri Patras Kujur Aged About 52 Years R/o Government R.B.R. Nes P.G. College, Jashpur Nagar, P.S. Jashpur District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3249 of 2018
Dr. Naresh Dhar Diwan S/o Late Shri R.K. Diwan Aged About 52 Years R/o Professor Colony, Near Science College, Deepak Nagar, Durg, Tahsil And District Durg Chhattisgarh. --- Petitioner
Versus 11
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona, Marg, Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3250 of 2018
Dr. Kuldeep Dubey S/o Shri MC Dubey Aged About 47 Years R/o Q.No.32, Sunder Nagar, Raipur, 492013, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Registrar Pt. Sundarlal Sharma (Open) University Koni, Birkona Marg, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. ---- Respondents
WPC No. 3251 of 2018
Dr. Bogi Shankar Rao S/o B. Appa Rao Aged About 49 Years R/o MIG-II, Plot No. 12, R.S.S. Nagar, Korba, District- Korba, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh.,
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Garg, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3252 of 2018
Dr. Varun Kumar Pandey S/o Gajendra Pandey Aged About 36 Years R/o Ganpati Vihar Colony, Ring Road No. 1, Kushalpur Chowk, Raipur, Tahsil And District Raipur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3253 of 2018
Dr. Smt. Vinita Singh W/o Shri Rajesh Yadav Aged About 48 Years R/o Nariyal Kothi, Dayalband, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. and P.S. 12
Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni - Birkona Road, P.S Koni, P.O. Birkona, District Bilaspur Chhattisgarh., --- Respondents
WPC No. 3264 of 2018
Dr. Siddharth Choudhary S/o Late N. Choudhary Aged About 55 Years R/o Near P.W.D. Office Civil Lines Post Office Kondagaon, District Kondagaon Chhattisgarh, --- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh,
2. Registrar, Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3269 of 2018
Dr. Aruna Pathak D/o Shri Amit Kumar Pathak Aged About 38 Years R/o Bramh Road, Pathak Colony, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Its Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni, Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh., --- Respondents
WPC No. 3270 of 2018
Smt. Divya Sharma W/o Sarvsh Sharma Aged About 37 Years Resident Olshwariya Niketan H.No. 47/151, Bramhanpara, Azad Chowk, Raipur, District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Department of Higher Education, Indrawati Bhawan, Mantralalya, P.O. Rakhi, Atal Nagar, District Raipur, District : Raipur, Chhattisgarh
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh Through Its Registrar, Koni, Birkona Road, Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3271 of 2018
Dr. Jasinta Minj W/o Shri Suman Kumar Minj, Aged About 54 Years R/o E-2, Irrigation Colony, D.C. Road, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner 13
Versus
1. State of Chhattisgarh through its Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University), Through Its Registrar, Koni, Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh, --- Respondents
WPC No. 3276 of 2018
Dr. Minaxi Sharma D/o Shri K. K. Sharma Aged About 34 Years R/o Patrakar Colony, Kasturba Nagar, Ring Road, No.02, District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Educaion, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And PS Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, Ps Koni, PO Birkona, District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3280 of 2018
Dr. Vijay Laxmi Shastri D/o Late Shri N.K. Shastri Aged About 47 Years R/o Bank Colony, Navapara, Fundurdihari, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. Rakhi, District Raipur Chhattisgarh.,
2. Pandit Sundarlal Sharma (Open University), Through Its Registrar, Koni, Birkona Road, P.S. Koni, P.O. Birkiona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3292 of 2018
Smt. Shikha Banerjee W/o Dr. B K Banerjee Aged About 46 Years R/o B- 203, Maruti Hights, Mahoba Bazar, Raipur District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, Post Office Rakhi, Atal Nagar, District- Raipur Chhattisgarh.
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh Through Its Registrar, Koni, Birkona Road, Bilaspur Chhattisgarh. --- Respondents
WPC No. 3309 of 2018 14
Dr. Sunil Nandi S/o Shri Narayan Nandi Aged About 38 Years R/o Village Moula ,post Moula Parmanandupur Police Station Chandrakon ,district West Medinpur West Bangal, ---- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary Department of Higher Education Mahanadi Bhawan Mantralaya Atal Nagar ,post Office And Police Station Rakhi District Raipur Chhattisgarh.
2. Pandit Sunderlal Sharma (Open University) Through Its Registar ,koni Birkona Road Police Statioj Koni Post Office Birkona District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3310 of 2018
Dr. Arvind Kumar Jagdev S/o Shri N.R. Jagdev Aged About 43 Years R/o Village And Post Hasoud ,tehsil Jaijaipur District Jajngir Champa Chhattisgarh.(Petioner Name Wrongly Mentioned In the Impugned Notice And Notification ), District : Janjgir-Champa, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Its Secretary Department of Higher Education Mahanadi Bhawn Mantralaya ,atal Nagar ,post Officer and Police Station Rakhi ,district Raipur Chhattisgarh.
2. Pandit Sunderlal Sharma (Open Univercity ) Through Its Registrar, koni Birkona Road ,police Station Koni , post Office Birkona District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3311 of 2018
Dr. Mohan Lal Sahu S/o Late Shri Hiralal Sahu Aged About 47 Years R/o Shiv Prasadkar ,post Shiv Prasa Nagar (Banja) Near Railway Station Surajpur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary Department Of Higher Education ,mahanadi Bhawan, Mantralaya Atal Nagar, post Office and Police Station Rakhi District Raipur Chhattisgarh.
2. Pandit Sundarlal (Open Univercity) Through Its Registrar ,koni Birkona Road ,police Station Koni Post Office Birkona District Bilaspur Chhattisgarh. ---- Respondent
WPC No. 3314 of 2018
Smt. Suchitra Sharma W/o Shri Vinay Kumar Sharma Aged About 45 Years R/o- H No. 02, Shashipara Apartment, Sundar Nagar, Raipur, District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through- Secretary, Department of Higher Education Indrawati Bhawan, Mantralaya, P.O.- Rakhi, Atal Nagar, District- Raipur, Chhattisgarh. 15
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh Through- Its Registrar, Koni, Birkona Road, Bilaspur, District : Bilaspur, Chhattisgarh ---- Respondents
WPC No. 3318 of 2018
Dr. Jagdish Tirkey S/o Shri Bhagirathi Tirkey Aged About 43 Years R/o Raigarh Road, Prem Nagar Gharghoda, Tehsil Gharghoda, District Raigarh Chhattisgarh, --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po And Ps Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, PS Koni, Po Birkona, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3323 of 2018
Dr. Rajendra Kumar Tiwari S/o Late Shri Tarachand Tiwari Aged About 54 Years R/o Jagdamba Colony, Sipat Road, Chatidih, Bilaspur District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. And P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3324 of 2018
Dr. Gajendra Chakradhari S/o Shri B.R. Chakradhari Aged About 41 Years R/o H.No. 253, Behind Karmachari Awasiya Bhawan, Panjri Plant, Raigarh Distt. Raigarh, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. And P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3326 of 2018
Arun Kumar Dubey S/o Ram Nakshtra Dubey Aged About 43 Years R/o Leela Kunj, Tarun Nagar, Kushalpur, Raipur District : Raipur, Chhattisgarh --- Petitioner 16
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education Indrawati Bhawan, Mantralaya, Post Office Rakhi, Atal Nagar, District- Raipur District : Raipur, Chhattisgarh
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh through its Registrar, Koni, Birkona Road, Bilaspur Chhattisgarh. --- Respondents
WPC No. 3329 of 2018
Dr. Nazia Abid Khan D/o Mohd. Rafique Ahmad Manzil Aged About 38 Years Near Noori Masjid Kelabadi, Durg District : Durg, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, P.O. Rakhi, Atal Nagar, District Raipur District : Raipur, Chhattisgarh
2. Pt. Sundarlal Sharma (Open) University Bilaspur Chhattisgarh through its Registrar,koni, Birkona, Road, Bilaspur District : Bilaspur, Chhattisgarh --- Respondent
WPC No. 3334 of 2018
Dr. Usha Lahre D/o Shri Dalas Singh Lahre Aged About 35 Years R/o Parasbhata Near Kanji House, Post and Block Nagar, Korba District : Korba, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. & P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondent
WPC No. 3340 of 2018
Smt. Soummya Tiwari W/o. Shri Ved Tiwari Aged About 39 Years R/o Q-232 Behind Gayatri Temple Samta Colony, Raipur District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Indrawati Bhawan, Mantralaya, P.O. Rakhi, Atal Nagar, District Raipur Chhattisgarh,
2. Pt. Sundarlal Sharma (Open) Univerisity Bilaspur Chhattisgarh through Its Registrar, Koni, Birkona Road, Bilaspur District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3344 of 2018 17
Dr. Smt. Vidhi Pandey W/o Shri Anand Pandey Aged About 39 Years R/o NF - 120, Tower - 8, Hill View Colony, Jindal Steel And Power Limited Raigarh, District : Raigarh, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education Mahanadi Bhawan, Mantralaya Atal Nagar, Post Office and Police Station - Rakhi, District - Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, Police Station Koni, Post Office Birkona, District - Bilaspur District : Bilaspur, Chhattisgarh --- Respondent
WPC No. 3364 of 2018
Dr. Sarita Chandra D/o Shri Ganesh Ram Chandra Aged About 34 Years R/o Chankya Typing Center, Gayatri Mandir Road, Bhadrapara, BALCO Nagar, Korba District : Korba, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Post Office And Police Station Rakhi, District Raipur Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Police Station Koni, Post Office Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3366 of 2018
Dr. Sanjeev Kumar Mishra S/o Late Shri B.P. Mishra, Aged About 56 Years R/o C/o- Dhirendra Singh, H.No.-10/776 Near Shanta College, Avantipur, Rewa (M.P.), District : Rewa, Madhya Pradesh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Registrar, Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil and District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3371 of 2018
Lalit Kumar Paikra S/o Tilak Ram Paikra Aged About 60 Years Presently Working As Assistant Professor (Sociology), Govt. College Patthalgaon, District Jashpur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through the Secretary, Department of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh.
2. Pt. Sundarlal Sharma (Open) University through Registrar, Koni - Birkona Road, P.S. Koni, Post Birkona, District Bilaspur Chhattisgarh.--- 18
Respondents
WPC No. 3385 of 2018
Dr. Rekha Chandrakar W/o Shri Kamlesh Kumar Chandrakar Aged About 38 Years R/o -C-19, Ultratech Township, Hirmi, Simga, Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi, District Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni Birkona Road, Ps Koni, Po Birkona, District Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3387 of 2018
Dr. Usha Singh W/o Shri S.P. Singh Aged About 53 Years R/o Subham Vihar, Mungeli Road, Dr. Balani Gali, Bilaspur, District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po and PS Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni Birkona Road Ps Koni, PO Birkona, District- Bilaspur, Chhattisgarh.--- Respondents
WPC No. 3393 of 2018
Smt. Sujata Atul Sharma W/o Shri Atul Kumar Sharma Aged About 46 Years R/o Near R.S.U. Stadium Behind Dr. Das Complex Kota Raipur District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary Deparntment of Higher Education Indrawati Bhawan, Mantralaya Post Office Rakhi Atal Nagar District Raipur, District : Raipur, Chhattisgarh
2. Pt. Sundarlal Sharma (Open) Univercity Bilaspur Chhattisgarh through its Registrar Koni Birkona Road, Bilaspur Chhattisgarh. District : Bilaspur, Chhattisgarh
---- Respondent
WPC No. 3412 of 2018
Dr. Rashmi Soni D/o Shri Jagannath Prasad Soni Aged About 38 Years R/o Village And Post Birkona (Misirpara), Bilaspur, Chhattisgarh., District : 19
Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, Ps Koni, PO Birkona, District- Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3413 of 2018
Dr. Umesh Prasad Sahoo S/o Late Shri Son Lal Sahoo Aged About 61 Years R/o Q. No. M -18, Pump House Colony, Korba, District Korba Chhattisgarh (Petitioner Name Wrongly Mention In Impugned Notice And Notification ), District : Korba, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary Department of Higher Education Mahandi Bhawan , Mantrlaya Atal Nagar , Post Office and Police Station Rakhi District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar Koni Birkona Road ,police Staion Koni ,post Offfice Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3417 of 2018
1. Dr. Rita Bajpai W/o Shri Pradeep Kumar Bajpai Aged About 48 Years R/o Old Power House, Main Road Torwa, Bilaspur District : Bilaspur, Chhattisgarh --- Petitioners
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. & P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh.--- Respondents
WPC No. 3419 of 2018
Dr. Nirmala Maravi W/o Shri Ajeet Singh Raj Aged About 34 Years R/o Near Harish Tent House, Pandimar, Balco, Korba District : Korba, Chhattisgarh--- Petitioner
Versus
1. State of Chhattisgarh through Its Secretary, Department of Higher Education, Mahanadi Bhawan, Manatralaya, Atal Nagar, P.O. And P.S. Rakhi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni - 20
Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3421 of 2018
Dr. Mrs. Suchi Sharma W/o Shri Deepak Sharma Aged About 38 Years R/o Sarowar Awasiya Parisar, Near Mahavir Apartment, Ganga Nagar- Ii, Mangla Bilaspur District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po and PS Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District Bilaspur District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3427 of 2018
Dr Sunil Kumar Sharma S/o Shri Mahavir Prasad Sharma Aged About 58 Years Assistant Professor Govt. J.P. Verma P.G. Arts and Commerce College, Bilaspur District Bilaspur Chhattisgarh. ---Petitioner
Versus
1. State of Chhattisgarh Through Secretary to the Govt. of Education Mahanadi Bhawan, Atal Nagar, Raipur., District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University through the Secretary to the Chancellor Raj Bhawan, Civil Lines Raipur, District Raipur Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open) University Koni - Birkona Road, Bilaspur District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3428 of 2018
Dr Pradeep Kumar Soni S/o Shri Kamta Prasad Soni Aged About 37 Years R/o Nandkishore Soni Ward No-3, House No.-67, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to The Govt. of Chhattisgarh, Department of Higher Education Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University through the Secretary to the Chancellor, Raj Bhawan, Civil Lines Raipur, District- Raipur, Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open) University Koni, Birkona Road, Bilaspur, District- Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents 21
WPC No. 3429 of 2018
Dr Budheshwar Prasad Singhraul S/o Shri Pitamber Prasad Singhraul Aged About 46 Years S/o Shri Pitamber Prasad Singhraul R/o Sai Kripa, Patanwar Gali, Seepat Road, Sarkanda, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner
Versus
State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh, Department of Higher Education Mahanadi Bhawan, Atal Nagar District : Raipur, Chhattisgarh
1. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary, To The Chancellor Raj Bhawan, Civil Lines Raipur, District Raipur District : Raipur, Chhattisgarh
2. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open) University Koni - Birkona Road, Bilaspur District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3431 of 2018
Dr. N. S. Nareti S/o Shri V.N. Nareti, Aged About 53 Years Assistant Professor Govt. Suryamukhi Dev College Churiya, Rajnandgaon, District Rajnandgaon,Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh, Department of Higher Education, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University through the Secretary to the Chancellor Raj Bhawan, Civil Lines, Raipur, District Raipur Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open) University Koni Birkona Road, Bilaspur District Bilaspur Chhattisgarh. --- Respondent
WPC No. 3432 of 2018
Dr. Sanjay Kumar Singh S/o Shri M. S. Thakur Aged About 42 Years Assistant Professor Pt. Shyama Charan Shukla Govt. College, Raipur, District Raipur, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh. Department of Higher Education Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh.
2. The Chancellor Pt. Sunderlal Sharma (Open) University through the Secretary to the Chancellor Raj Bhawan, Civil Lines, Raipur, District Raipur, Chhattisgarh.
3. Pt. Sunderlal Shrama (Open ) University through the Registrar Pt. Sunderlal 22
Sharma (Open) University Koni Birkona Road, Bilaspur, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3433 of 2018
Dr. Smt. Urvashi Shrivastava W/o Shri Varun Shrivastava, Aged About 40 Years R/o D-1, Chpl, Dream Homes, Smriti Nagar, Bhilai, District Durg District : Durg, Chhattisgarh --- Petitioners
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh Department of Higher Education Mahanadi Bhawan Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary To The Chancellor, Raj Bhawan, Civil Lines, Raipur, District Raipur Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University Through The Registrar Pt. Sunderlal Sharma (Open) University Koni - Birkona Road, Bilaspur District Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3434 of 2018
Dr Vijay Kumar Naidu S/o Shri D. P. Naidu Aged About 50 Years Assistant Professor Govt. Minimata Girls College Korba, District- Korba, District : Korba, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh Department of Higher Education, Mahanadi Bhawan Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University, through the Secretary to the Chancellor Raj Bhawan, Civil Lines Raipur, Distirct- Rapur, District : Raipur, Chhattisgarh
3. Pt. Sunderlal Sharma (Open) University through the Registrar, Pt. Sunderlal Sharma (Open) University District- Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3435 of 2018
Dr. Shivani Ghai W/o Shri Vishal Ghai Aged About 38 Years R/o Kapoorchand & Sons Sadar Bazar ,bilaspur District Bilaspur Chhattisgarh. ---- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh Department of Higher Education Mahanadi Bhawan Atal Nagar Raipur Chhattisgarh.
2. The Chancellor Pt. Sundarlal Sharma (Open)univercity through The Secretary to The Chancellor ,raj Bhawan Civil Lines Raipur District Raipur, Chhattisgarh 23
3. Pt. Sundarlal Sharma (Open )univercity Through The Registrar ,pt. Sundarlal Sharma (Open )uniovercity Koni Birkona ,road Bilaspur District Bilaspur Chhattisgarh. ---- Respondent
WPC No. 3436 of 2018
Dr Puja Bahal D/o Shri Virendra Sehgal Aged About 40 Years R/o C-145, Max Heights Kundli P. S. Rai, Haryana- 131028., Haryana --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh. Department of Higher Education Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh.
2. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary To The Chancellor Raj Bhawan, Civil Lines, Raipur, District Raipur, Chhattisgarh.
3. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open) University Koni Birkona Road, Bilaspur, District Bilaspur, Chhattisgarh. --- Respondent
WPC No. 3437 of 2018
Dr. Smt. Neelam Trivedi W/o Shri Rakesh Tiwari Aged About 38 Years Assistant Professor, Govt. N.K. College, Kota, Bilaspur, District Bilaspur Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh Department of Higher Education Mahanadi Bhawan Atal Nagar, Raipur., District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary To The Chancellor, Raj Bhawan, Civil Lines Raipur, District Raipur District : Raipur, Chhattisgarh
3. Pt. Sunderlal Sharma (Open) Univesity Through The Registrar, Pt. Sunderlal, Sharma (Open) University Koni Birkona Road, Bilaspur, District Bilaspur District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3438 of 2018
Dr Smt. Purnima Sahu W/o Shri Arvind Sahu Aged About 54 Years Assistant Professor Govt. Er. V.P.G. College Korba, District- Korba, Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh through Secretary to the Govt. of Chhattisgarh Departmentof Higher Education, Mahanadi Bhawan Atal Nagar, Raipur, Chhattisgarh., District - Raipur, Chhattisgarh, District : Raigarh, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University, through The Secretary to the Chancellor Raj Bhawan, Civil Lines Raipur, Distirct- Rapur, Chhattisgarh. 24
3. Pt. Sunderlal Sharma (Open) University through The Registrar, Pt. Sunderlal Sharma (Open) University District- Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3439 of 2018
Dr. Smt. Chandana Pal W/o Shri B.C. Pal Aged About 50 Years R/o Rly. Qr. No. 19, Near Railway Station, Korba, District- Korba, District : Korba, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Secretary to the Government ff Chhattisgarh, Department of Higher Education, Mahanadi Bhawan, Atal Nagar, Raipur., District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open), University, through the Secretary to The Chancellor, Raj-Bhawan, Civil Lines, Raipur, District : Raipur, Chhattisgarh
3. Pt. Sunderlal Sharma (Open) University through the Registrar Pt. Sunderlal Sharma (Open), University, Koni-Birkona Road, Bilaspur, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3440 of 2018
Dr. Pushpa Sharma W/o Shri Sanjay Sharma Aged About 43 Years R/o H.No. 1548, Street 36, Vivekanand Colony, Shanti Nagar, Bhilai Distt. Durg Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. & P.S. Rakhi, District Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur , Chhattisgarh --- Respondents
WPC No. 3443 of 2018
Dr. Gita Jaiswal W/o Shri Sanjay Kumar Jaiswal Aged About 35 Years R/o Police Line (Boripara), Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi, District- Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni- Birkona Road, PS Koni, PO Birkona, District- Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3444 of 2018 25
Dr. Asha Kabir W/o Shri M.L. Kabir Aged About 57 Years R/o Ninala Nagar Road, Behind Old Bus Stand, Bilaspur District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. And P.S. Rakhi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3445 of 2018
Dr. Priya Bajaj D/o Late Shri Mulchand Bajaj Aged About 46 Years R/o E-13, Parijat Ectension, Nehru Nagar, Bilaspur, District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahandi Bhawan, Mantralaya, Atal Nagar P O. and P. S. Rakhi, District Raipur, Chhattisgarh
2. Pandit Sundearlal Sharma (Open University) Through Its Registrar Koni- Birkona, Road, P. S. Koni, P O Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3446 of 2018
Dr Gopesh Dwivedi S/o Shri S. K. Dwivedi Aged About 48 Years R/o R-7/19, Rama Vally Raipur Road, Bilaspur, District Bilaspur, District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary To The Govt. Of Chhattisgarh. Department Of Higher Education Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. The Chancellor Pt. Sunderlal Sharma (Open) University Through The Secretary to The Chancellor Raj Bhawan, Civil Lines, Raipur, District Raipur, Chhattisgarh
3. Pt. Sunderlal Sharma (Open) Univerisity Through The Registrar Pt. Sunderlal Sharma (Open) University Koni Birkona Road, Bilaspur, District Bilaspur, Chhattisgarh
---- Respondent
WPC No. 3453 of 2018
Dr. Jaya Tripathi D/o Shri Shivji Tripathi Aged About 34 Years R/o C/o Pushpa Mishra, Tower -2, Flat No. 64 Rudra Enclave, Dhanuha Naini, Allahabad (Uttar Pradesh)., District : Allahabad, Uttar Pradesh 26
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. and P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh.--- Respondents
WPC No. 3459 of 2018
Dr. Ulhas V. Ware S/o Late Shri V. G. Ware Aged About 58 Years R/o Naya Sarkanda, Near Jain Mandir, Tahsil Bilaspur, Police Station Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education Mahanadi Bhawan, Mantralaya, Atal Nagar Post Office and Police Station Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma (Open) University Bilaspur through its Registrar, Koni- Birkona Road, Police Station Koni, Post Office Birkona, District Bilaspur, Chhattisgarh. --- Respondents
WPC No. 3464 of 2018
Dr. Sanjay Manohar Ayade S/o M.B. Ayade Aged About 54 Years R/o Gv 27 Geentanjali Vihar Ameri road Nehru Nagar Tahsil Bilaspur District Bilaspur Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh through its Secretary Department of Higher Education Mahanadi Bhawan Mantarlaya Atal Nagar, Post Office & Police Station Rakhi District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open ) Univercity Bilaspur Through Its Registrar Koni Birkona Raod Police Station Koni ,post Office Birkona District Bilapsur Chhattisgarh. --- Respondent
WPC No. 3480 of 2018
Dr. Paul Joseph Thymootil S/o T. V. Joseph Thymootil Aged About 60 Years Principal Prakash Vidyalaya Kirandul, District Dantewada, District : Dantewada, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, 27
Bilaspur, Tahsil and District Bilaspur, Chhattisgarh
---- Respondent
WPC No. 3481 of 2018
Dr. Swati Sharma W/o Shri Vikas Sharma Aged About 40 Years R/o Devendra Nagar Phase - Il , Sipat Road, Sarkanda, Bilaspur, District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Po and PS Rakhi, District : Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) through its Registrar Koni, Birkona Road, P. S. Koni, PO Birkona, District Bilaspur, Chhattisgarh.
---- Respondent
WPC No. 3493 of 2018
Dr. A. Sonia W/o Shri A. Sandeep Kumar Aged About 34 Years R/o Flat No. 101, Sunrise Appartment Near Taj Mazid, Opposite Gyan Sagar School Kumharpara, Bilaspur, District : Bilaspur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, PO and PS Rakhi, District Raipur, Chhattisgarh.
2. Pandit Sundarlal Sharma Open University through its Registrar Koni, Birkona Road PS Koni, Po Birkona, District Bilaspur, Chhattisgarh., --- Respondents
WPC No. 3494 of 2018
Dr. Sumitra Maurya W/o Dr. Manoj Kumar Maurya Aged About 45 Years R/o- 2B, Street-72, Sector-6, Bhilai Nagar, District-Durg, Chhattisgarh. --- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahandadi Bhawan, Mantralaya, Atal Nagar, PO & PS Rakhi District Raipur, Chhattisgarh
2. Pandit Sundarlal Sharma (Open University) Through Its Registrar, Koni- Birkona Road, Ps Koni, Po Birkona, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents
WPC No. 3521 of 2018
Dr. Sanjeev Kumar Kashyap S/o Shri Umendra Ram Kashyap Aged About 36 28
Years R/o Village and Post Salkhan, Vyaha - Kharood, Tehsil Nawagarh, District Janjgir Champa Chhattisgarh. --- Petitioners
Versus
1. State of Chhattisgarh through its Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, P.O. & P.S. Rakhi, District Raipur Chhattisgarh.
2. Pandit Sundarlal Sharma (Open University) through Its Registrar, Koni - Birkona Road, P.S. Koni, P.O. Birkona, District Bilaspur Chhattisgarh. --- Respondents
WPC No. 3525 of 2018
Dr. Ajay Yadav S/o S. R. Yadav Aged About 47 Years R/o Shankar Nagar, Near Radha Krishna Mandir, Bilaspur, District- Bilaspur, Chhattisgarh., --- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhaswan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh
2. Registrar Pt. Sundarlal Sharma (Open) University, Koni, Birkona Marg, Bilaspur, Tahsil and District- Bilaspur, District : Bilaspur, Chhattisgarh--- Respondents
For Petitioners : Mr. Anurag Dayal Shrivastava, Mr. Mateen Siddiqui, Mr. B. Gopa Kumar, Mr. Anish Tiwari, Mrs.Meena Shastri, Mr. Shantam Awasthi, Mr. Harish Khuntiya, Mr. Prateek Sharma, Ms. Khushbhoo Dua, Mr. Chandra Kumar, Mr. Amit Kumar Chaki, Mr. Navin Shukla, Mr.C.J.K. Rao, Advocates
For the State/R-1 : Mr. Alok Bakshi, Addl. Advocate General with Mr. Chandresh Shrivastava, Dy. Advocate General & Mr. Rahul Jha, Govt. Advocate
For respondent No.2, the : Mr. Chandresh Shrivastava, Adv. Chancellor
For the Respondent No.3 / : Mr. Vivek Ranjan Tiwari with Mr. University Rahul Birthare, Advocates. 29
Hon'ble Shri Justice Goutam Bhaduri
C.A.V ORDER/JUDGMENT
In all the bunch of the petitions, the primary challenge is to the
show cause notice dated 22.10.2018 addressed to respective
petitioners. According to the format of notice, the default
clause(s) subject to its application is/are marked and response
was sought from each of the individual petitioners.
2. Since the facts and issue involved in all the petitions are almost
similar, they are decided by this common order.
3. The facts of the cases are that all the petitioners have obtained
Ph.D., degree from Pt. Sunderlal Sharma Open University over a
different period of time and the convocation was scheduled for
distribution of the degree. Before such programme, certain
complaints were made to the Chancellor. The Chancellor
thereafter on the basis of complaints had ordered for an enquiry
and a special team of experts was constituted. They examined
the grant of Ph.D., degrees to different petitioners and thereafter
reported back certain shortcomings to the Chancellor after
examination of individual cases of the petitioner. The Chancellor
in turn made the correspondence with the University and the
State. Subsequently the University after examination of the
cases, issued show cause notice to different petitioners.
4. The common show cause notice(s) was served to the petitioners 30
and in respect of each petitioner, separate right mark was made
against each clause for the shortcomings noticed in respect of
the individual petitioners. The format of such notice is reproduced
herein below :
if.Mr lqUnjyky 'kekZ ¼eqDr½ fo'ofo|ky; NRrhlx<+] fcykliqj
¼N-x-'kklu ds vf/kfu;e dzekad 26 lu~ 2004 }kjk Lfkkfir½
dksuh&fcjdksuk ekxZ] fcykliqj ¼N-x-½ 495009
nwjHkk"k dzekad % ¼07752½ 210312
www.pssou.ac.in Email – [email protected] dz-@1573@dqy-@2018 fcykliqj] fnukad 22@10@2018 izfr]
------
------fo"k;%& iafMr lqUnjyky 'kekZ ¼eqDr½ fo'ofo|ky; NRrhlx<+] fcykliqj ls vki }kjk dh xbZ ih&,p-Mh- ds lEcU/k esaA
dqykf/kifr lfpoky; ds funsZ'k ij jkT; 'kklu }kjk xfBr lfefr dh fjiksVZ ds vuqlkj vkids 'kks/k dk;Z esa fuEufyf[kr fcUnqvksa esa ls lgh ¼√½ dk fu'kku yxk;s x, fcUnqvksa esa deh ikbZ xbZ gS &
1- vki }kjk fo'ofo|ky; ds v/;kns'k dzekad 2 ds fu;e 2-9 ds vuqlkj N% ekg ds vUrjky esa rhu lsfeukj nsuk ugh ik;k x;kA
2- fo'ofo|ky; v/;kns'k dh dafMdk 2-2 @ 2-2-4 ds vuqlkj 'kS{kf.kd ;ksX;rk esa vkidks nh xbZ NwV fo'ofo|ky; vuqnku vk;ksx jsxqys'ku ¼prqFkZ la'kks/ku½ 2016 esa izko/kkfur u gksus ds dkj.k ekU; ugha gSA
3- 'kks/k Nk= ds :i esa vkids iath;u esa fo'ofo|ky; v/;kns'k dzekad 2 dh dafMdk 2- 3 ,oa @;k 2-4 esa of.kZr iw.kZdkfyd @ va'kdkfyd 'kks/k Nk= lEcaf/kr fu;e dk ikyu ugha fd;k x;kA
4- fo'ofo|ky; v/;kns'k dzekad 2 dh dafMdk 4-2 ¼9½ ds vuqlkj vki }kjk 'kks/k i= dk izdk'ku LVS.MMZ fjlpZ tuZy esa ugh fd;k x;k gSA
5- vki dh Fkhfll dk Plagiarism ijh{k.k izfrosnu ugh ik;k x;kA
vr% bl i= dh izkfIr ds 15 fnukas ds Hkhrj viuk lizek.k i{k j[ks @ Li"V djs] vU;Fkk D;ksa ugha vkidh ih&,p-Mh- gsrq ik=rk dh fo'ofo|ky; dh vf/klwpuk dzekad 690 fnukad 22@11@2012 dks fujLr dj fn;k tk,A
lgh@& 31
dqylfpo dz-@1573@dqy-@2018 fcykliqj] fnukad 22@10@2018 izfrfyfi%&
fut lfpo dqyifr dks dqyifr egksn; ds lwpukFkZA
lgh@&
dqylfpo
5. According to the petitioners, they have undertaken the Ph.D.,
course through the respondent Pt. Sunderlal Sharma Open
University. The degrees of Ph.D., were awarded to the petitioners
on different dates. It is also the common case of the petitioners
that the grant of Ph.D., is governed by Ordinance No. 2 framed
u/s 27 of the Pt. Sunderlal Sharma Open University Adhiniyam,
2004 (hereinafter referred to as the Act, 2004). It is further case
of the petitioners that after the grant of degree of Ph.D., they
have received the show cause notice by the University calling
explanation as to why the notification awarding Ph.D., may not be
cancelled. The show cause notice purports that within a
stipulated period of time, the reply must be filed otherwise,
degree of Ph.D., would be cancelled. Few of the petitioners have
filed reply to show cause and few of them have not yet filed. It is
at this stage, all the petitioners have moved this Court by filing
different petitions.
6. It is the further case of the petitioners that on 03.05.2016 the
convocation has commenced and on 06.05.2016 the University
received a letter. On 12.07.2016, the direction was issued not to 32
distribute the degrees. It is stated that once the degree of Ph.D.,
is granted, the denotification could not be done and the
University cannot revert back to the genuineness of the grant of
degree.
7. Commencing the arguments Shri Anurag Dayal Shrivastava,
learned counsel for the petitioners would submit that as per
section 8 of the Adhiniyam 2004, the powers were exercised by
the Governor (Kuladhipati) and the powers of enquiry was
delegated to the State. It is contended that the State has no
power to enquire into the affairs of the University as the power of
inspection or enquiry is only vested with the Chancellor i.e.,
Kuladhipathi. Learned counsel would further submit that after
the enquiry, the decision has been taken by the State Authority
and shortcomings were pointed out, which the State does not
have the power. It is stated that the Chancellor cannot delegate
his power of advice to the State which has been done in the
instant cases. It is contended that because of want of power the
entire act of the State and the finding of enquiry report by the
State is without jurisdiction and cannot be acted upon. It is
further stated that the letter was issued by the Governor in the
capacity of Chancellor and since the Governor has delegated the
power to take decision, it was without jurisdiction and was
against the object of section 8 of the Act, 2004.
8. Learned counsel would further submit that the State after 33 delegation of power, initiated the enquiry proceedings and by order dated 09.05.2018 (Annexure P-3) the Committee was constituted in the name of Governor of Chhattisgarh, which cannot be done as the role of the State is completely foreign to the Act of 2004. It is further submitted that after the enquiry was conducted, the report was forwarded to Commissioner Higher
Education, therefore, the State has come to a conclusion which is evident from the note sheet that they have taken decision, which they were not permitted to do so. It is further submitted that the letter dated 05.10.2018 issued by the State (Annexure P-4) is a direction to the Registrar of Pt. Sunderlal Sharma Open
University which the State is not empowered as according to
Section 8 sub-section(4) it is only the Chancellor (Kuladhipati) who may address to Vice-Chancellor (Kulpathi) of the University , as such, the direction is against the statute and the provisions of section 8 sub-section (4) of the Adhiniyam 2004. It is further submitted that the Committee of the University has already taken a decision, which would be evident from the show cause notice.
So a post decisional hearing was given to the petitioner (s) besides the Committee of the State has already reached to a conclusion that deficiency exists. It is stated that the direction issued by the Governor to the Chief Secretary dated 15.11.2017 to take a decision would amount to over reaching the Executive
Committee of University and therefore the same need to be quashed. It is further stated that the Ph.D., was notified in favour 34
of the petitioners, therefore, once the Ph.D., is notified and it is
later sought to be cancelled then in such case, the petitioners
were required to be heard and if any adverse finding has been
rendered without opportunity of hearing, the same would be void.
9. Learned counsel placed reliance in AIR 1989 SC 1582, Para 19
The Marathwada University v. Seshrao Balwant Rao Chawan
and would submit that since the power to take decision has not
been delegated under the Act of 2004, the direction given by the
Governor to the State by letter dated 15.11.2017 is without
authority. Further reliance was placed in AIR 1982 M.P 73 Para
9 Uday Pratap Singh v. State of M.P to contend that since the
letter was issued by the State in the name of Governor under
Article 166 of the Constitution, the power of the Governor and
power of Chancellor are distinct as such the same cannot be
delegated.
10. Another submission has also been made by Mr. Mateen Siddiqui,
learned counsel for the petitioners that all the enquiries have
been made by the State on the basis of Regulation of UGC dated
04th May, 2016. It is stated that the regulation of UGC carves out
an explanation to the candidates registered for M.Phil/Ph.D.,
programme prior to July 11, 2009 and would be governed by the
provisions of the then existing Ordinance/By-laws/Regulations of
the Institutions awarding the degree. It is stated that the Ph.D.,
candidates were exempted from requirement of minimal eligibility 35
condition of NET/SLET/SET for recruitment and appointment of
Assistant Professors or equivalent positions in Universities or
Colleges or institutions. It is therefore stated that since the
ordinance of UGC itself has carved out the exception, the
petitioners who have been awarded Ph.D prior to 2009 cannot
be subjected to such enquiry. it is stated that since the enquiry
was made under the UGC Notification, as such, the notification of
UGC was not applicable.
11. Referring to Ordinance No. 2 of the Sunderlal Sharma Open
University, it is stated that the research candidates who have
been given 3 seminars with a gap of six months would be
considered for Ph.D., which does not mean that simultaneously
after the gap of six months, the seminar could not be given. It is
stated that requirement of publication of papers in the standard
research journal was optional and was not mandatory and with
respect to plagiarism, the ordinance was silent on it, therefore,
that cannot be made basis of the enquiry finding and submits that
the entire show cause is without jurisdiction and deserves to be
quashed.
12. Shri Vivek Ranjan Tiwari, learned Counsel for the respondent
University submitted that the main controversy has arisen
because of the UGC Notification of 2016. It is submitted on
behalf of the University that the University has followed the
directions as and when issued by the Chancellor and therefore, 36
no fault can be attributed to the University. It is stated that when
the report of the State was received that certain norms/direction
in ordinance have not been followed then the University thought
it proper to make an enquiry into the matter as such according to
the shortcomings which were pointed out, different show cause
notices were issued.
13. Mr. Chandresh Shrivastava, learned counsel for the Respondent/
Chancellor of the University would submit that the petitioners
have based their cause of action on issuance of show cause
notice dated 22.10.2018 after the degree of Ph.D., was
conferred. It is stated that the Chancellor by letter dated
06.05.2016 which is filed as Annexure R-2(1) addressed to the
Vice Chancellor of Pt. Sunderlal Sharma University has sought
point-wise information in detail wherein the entire requisition was
made making a query as to whether the compliance of ordinance
to grant Ph.D., was followed or not. It is stated that thereafter the
reply was given but the chancellor found it not satisfactory, as
such, again information was sought vide Annexure R-2.
Thereafter the reply having not been given, the Chancellor by
different letters dated 11.07.2016, 03.12.2016, 25.5.2017,
17.08.2017 & 27.10.2017 sought for clarification. The Vice-
Chancellor of the University having not given any specific reply,
eventually a letter was issued to the Government on 15.11.2017
vide R-2(3) for enquiry. It is stated that all the enquiry was
related to the Ordinance and as per section 8 of the Act of 2004, 37
the Chancellor (Kuladhipati) was empowered to direct enquiry as
the administration will include the incident relating to academic
part. It is further stated that the report having been received, an
opinion was given and not a decision by the Government.
Thereafter, the State Government sent it to the University, so the
opinion was forwarded. Later on, the Kuladipati (Chancellor) has
sent it back to the Executive Council. It is further submitted that
no decision was taken by the Committee constituted by the State
and only opinion was forwarded, therefore, at this stage, the
petitions are premature and cannot be entertained.
14. Mr. Alok Bakshi, learned Addl. Advocate General would submit
that the Ph.D., is covered under the examination since it relates
to academic course. So when the State was directed by the
Chancellor to make an enquiry, then the Higher Education
Department was asked to conduct the same. It is further stated
that when the orders were issued in the name of Chancellor and
the Governor being Chancellor, the petitioners cannot be given
the benefit on such hyper technical ground. It is further
contended that the letter 15.11.2017 (Annexure R-2/3) received
by the State from the office of Chancellor would show that due
care was taken with respect to the applicability of the notification
of 2016 i.e., Regulation of UGC and the enquiry on 11 points was
conducted. It is further stated that reading of section 27 of the
Act, 2004 purports that the Ordinance may provide for
administration of students, courses of study, qualifications 38
pertaining to degree etc., and as per the ordinance which is
framed under the Act, certain parameters have been prescribed
to obtain a Ph.D. degree.
15. It is further stated that clause 2.9 of the Ordinance mandates that
research candidates have to give 3 seminars within a gap of six
months and when it is tested in the light of reply filed by the
University, it shows that this requirement was not followed. He
further submits that the other requirement of Ordinance for
publication of research papers in standard research journal has
also not been fulfilled. Therefore, the non-compliance of
ordinance which is admitted by the University in their letter dated
05.12.2018 cannot be given a go-bye. It is further submitted that
the notification of the University Grants Commission dated
04.05.2016 only relaxes certain conditions for appointment of
Assistant Professors and not otherwise, therefore, when few of
the petitioners entered into stream of employment, the same
cannot be ensured by collecting data. It is further stated that the
State is also empowered to look into the matter of education and
monitor the same so that the standard of education is
maintained. It is stated that to make an enquiry, no mechanism
can be adopted except on direction of Chancellor to test the
veracity of Ph.D. Therefore, he submits that the arguments of
the petitioners are completely misconceived and the petitions are
liable to be dismissed. 39
16. Heard learned counsel for the parties at length. Also perused
various documents and internal correspondence made inter-se
between the University, the State and the Office of the Vice
Chancellor. The show cause notice dated 22.10.2018 issued by
Pt. Sunderlal Sharma Open University is predominantly under
challenge by the petitioners. That apart, the report/finding of the
Enquiry Committee of the State is also under challenge. In the
show cause notice dated 22.10.2018, 5 different points were
shortlisted in respect of different petitioners which were
separately applicable to them and markings were made
according to its applicability to the respective petitioners. This
was issued by the Registrar of the University.
17. A reading of Section 27 of the Pt. Sunderlal Sharma (Open)
University Chhattisgarh Act, 2004 shows that it gives the power
to frame Ordinance concerning with academic matters,
administration of students, etc. Section 27 would be relevant and
quoted herein below :
“27. Ordinance.- (1) Subject to provisions of this Act and the Statute the ordinance may provide for all or any of the following matters, namely :-
(a) administration of students, courses of study and fees thereof, qualifications pertaining to degree, diploma, certificates and other courses, conditions for the grant of fellowships, awards and the like;
(b) conduct examinations, including the terms and conditions and appoint examiners and moderators; 40
(c) any other matter which by this Act or the State is to be or may be provided for by the Ordinance.
(2) The first Ordinance shall be made by Kulpati with the previous approval of the State Government and the Ordinance so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statute.”
18. Pursuant to such power, the Ordinance No.2 has been framed
for the “Research Degree Programme Leading to Doctor of
Philosophy (Ph.D)”. Clause 5.3 of the Ordinance No.2 gives
power to the University that on detection of any irregularity, the
University shall take suitable steps to withdraw the degree as per
the provisions of Adhiniyam. Therefore, if the show cause notice
dated 22.10.2018 is read in isolation with Clause 5.3 of the
Ordinance shelving all other inter-se communication made
between the Kuladhipati (Chancellor), State and the University, it
shows that the University has the sovereign power to withdraw a
degree on detection of any irregularity and the power is absolute.
For the sake of convenience, clause 5.3 of the Ordinance No.2 is
reproduced herein below:
“5.3 On detection of any irregularity, the University shall take suitable steps to withdraw the degree as per the provisions of the Adhniyam.”
19. Now the vehement arguments have been advanced with
reference to section 8 of the Act of 2004 on delegation of power
by the Chancellor (Kuladhipati), which provides for the Power of
Kuladhipati. For the sake of ready reference, Section 8 would be 41 relevant here and quoted below:
“8. The Kuladhipati.- (1) The Governor of Chhattisgarh shall be the Kuladhipati of the University.
(2) Subject to the provisions of sub-sections (3) and (4), the Kuladhipati shall have the right to cause an inspection to be made, by such person or persons as he may direct, to the University, its buildings, laboratories and equipment and of any Regional Centre, a Study Centre and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.
(3) Where an inspection or inquiry has been ordered by the Kuladhipati, the University may depute representative to represent the University in such inspection or inquiry.
(4) The Kuladhipati may address the Kulpati with reference to the results of such inspection or inquiry together with views and advice with regard to the action to be taken thereon as the Kuladhipati may be pleased to offer and on receipt of the address made by the Kuladhipati, the Kulpati shall communicate forthwith to the Executive Council the results of the inspection or inquiry and the views of the Kuladhipati and the advice rendered by him upon the action to be taken thereon.
(5) Where the Executive Council does not within a reasonable time, take action to the satisfaction of the Kuladhipati, the Kuladhipati may, after considering any explanation furnished or representation made by the 42
Executive Council, issued such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(6) Without prejudice to the foregoing provisions of this section the Kuladhipati may, by an order in writing, annul any proceedings of the University which is not in conformity with this Act, Statute or Ordinance :
Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, he shall consider the same.
(7) The Kuladhipati shall have such other powers as may be specified by the statute.”
20. Reading of sub-section (2) of Section 8 purports that Kuladhipati
shall have right to cause an inspection to be made by such
person or the persons as he may direct to the University, which
includes examination part also and other works conducted or
done by the University and further it gives a power to cause an
enquiry to be made in respect of any matter connected with the
administration and finances of the University
21. Therefore, if sub-section (2) of section 8 is read together with the
words 'administration' and 'examination', it would lead to a
conclusion that the Chancellor has power to direct enquiry in the
like manner meaning thereby the enquiry may be done to the
wisdom of the Chancellor. Once it is established that the
Chancellor has sovereign powers within certain sphere, it must 43
follow as a corollary that the Chancellor is free to act within that
sphere in any way which appears to be the best way to give
effect the intention and policy for which the statute was made.
For such purpose, the Kuladhipati may utilize any outside agency
to any extent it finds necessary for doing things which it is unable
to do itself or finds out inconvenient to do so. This fact cannot be
lost site that the issue was pertaining to grant of Ph.D., degree to
the petitioners. The subject of enquiry is hyper technical and
involves expertise of the subject. expertise in nature. It could
have been done only with the delegated authority and it can only
project the broad principle and leave the details to be worked out
by those who are most familiar with the subject. The chancellor
cannot be expected to order for complex scheme of enquiry to
bring out self-contained and complete enquiry straight-away as it
is not possible to foresee the contingencies and envisage the
requirement. The advantage of such course is that it enables the
delegated authority to evaluate the facts which are likely to be
effected and make actual experiment and evaluation, which are
necessary for just and proper finding.
22. Subsection (2) of Section 8 gives the power to the Chancellor to
get an enquiry conducted in the like manner he wants. In the
cases of high academic degrees and the complexities involved
any such grant of degree when put to a question can only be
settled at rest by expert. The appointment of high level enquiry
committee which was slated by the Chancellor vide its order 44
dated 15.11.2017 (Annexure P-2) shows that on 11 points the
enquiry was directed to be made which pertains to grant of
degree of Ph.D. Though the last part of such letter dated
15.11.2017 speaks that proper decision be taken after
conducting a separate enquiry in respect of each Ph.D., on the
basis of 11 points, however, at the same time it was requested
that such decision to be so taken may be forwarded to the
Chancellor of University.
23. It would be important to quote the 11 points for which the enquiry
was sought by letter dated 15.11.2017 which reads as under:
¼1½ fnukad 11 tqykbZ] 2009 ds iwoZ ia- lqUnjyky 'kekZ eqDr fo'ofo|ky;] fcykliqj esa ih,p-Mh- gsrq iathd`r fdu&fdu 'kks/kkfFkZ;ksa }kjk ;w-th-lh- ds la'kksf/kr fu;e 2016 ,oa iafMr lqUnjyky 'kekZ eqDr fo'ofo|ky;] fcykliqj ds v/;kns'k dzekad 2 ds vuqlkj ih,p-Mh- fd;k x;k gS \
¼2½ fnukad 11 tqykbZ] 2009 ls iwoZ ftu 'kks/kkfFkZ;ksa }kjk ih,p-Mh- gsrq iath;u djk;k x;k Fkk muesa ls fdrus 'kks/kkfFkZ;ksa dk iath;u fujLr fd;k x;k \
¼3½ dqy fdrus 'kks/kkfFkZ;ksa }kjk v/;kns'k dzekad 2 ds fu;e 2-9 ds vuqlkj N% ekg ds vUrjky esa rhu lsehukj fn;k x;k gS vkSj fdrus 'kks/kkfFkZ;ksa }kjk ugha fn;k x;k gS A lsehukj ugha nsus okys 'kks/kkfFkZ;ksa dk iath;u fujLr fd;k x;k gS vFkok ugha \
¼4½ ftu 15 'kks/kkfFkZ;ksa dks ih,p-Mh- gsrq iath;u gsrq 'kS{kf.kd ;ksX;rk esa NwV nh xbZ gS] og NwV fjlpZ cksMZ }kjk fu;ekuqlkj nh xbZ gS vFkok ughaA
¼5½ ¼,½ dqy fdrus 'kks/kkfFkZ;ksa }kjk vius 'kks/k dk izdk'ku LVS.MMZ fjlpZ tuZy esa fd;k x;k gS
¼ch½ fdrus 'kks/kkfFkZ;ksa }kjk vius 'kks/k i= dks LVS.MMZ fjlpZ tuZy esa izdkf'kr djkus dk iz;kl fd;k x;k gS ,oa fdrus 'kks/kkfFkZ;ksa }kjk dksbZ iz;kl ugha fd;k x;k gSA
¼lh½ D;k v/;kns'k dzekad 2 ds fu;e 4-2, dk ikyu djuk vko';d ugha gS rFkk mlds ikyu ds fcuk ih,p-Mh- dh fMxzh nh tk ldrh gSA
¼Mh½ LVwMsUV~l }kjk Lo;a ds 'kks/k ls fFkfll fy[kk x;k gS ;k plagiarism fd;k x;k gSA 45
¼6½ fdu&fdu 'kks/kkfFkZ;ksa dk Qwy&Vkbe LVwMsUV~l ds :i esa rFkk fdu&fdu dk ikVZ&Vkbe LVwMsUV~l ds :i esa iath;u fd;k x;k FkkA
¼7½ D;k Qwy&Vkbe LVwMsUV~l ds :i esa iathd`r 'kks/kkfFkZ;ksa dk iath;u v/;kns'k dzekad 2 ds fu;e 2-3 ds vuqlkj fd;k tkdj ih,p-Mh- djk;k x;k gS A
¼8½ D;k ikVZ&Vkbe LVwMsUV~l ds :i esa iathd`r 'kks/kkfFkZ;ksa dk iath;u v/;kns'k dzekad 2 ds fu;e 2-4 ds vuqlkj fd;k tkdj ih,p-Mh- djk;k x;k gSA
¼9½ dkSu&dkSu ls 'kks/kkFkhZ ;w-th-lh- jsX;wys'ku 2016 ds la'kks/ku dh 'krksZ vkSj ia- lqUnjyky 'kekZ ¼eqDr½ fo'ofo|ky] fcykliqj ds rRdkyhu v/;kns'k@mica/kksa@fofu;eksa dk ikyu djrs gq, ih,p-Mh- fd;s gSA
¼10½ dkSu&dkSu ls 'kks/kkFkhZ ;w-th-lh- jsX;wys'ku 2016 ds la'kks/ku dh 'krksZ dh iwfrZ ugha djrs] ysfdu mDr fo'ofo|ky; ds rRdkyhu v/;kns'k@mica/kksa@fofu;eksa dk ikyu djrs gq, ih,p-Mh- fd;s gSA
¼11½ dkSu&dkSu ls 'kks/kkFkhZ ;w-th-lh- jsX;wys'ku 2016 ds la'kks/ku dh 'krksZ dh iwfrZ djrs gS ysfdu ia- lqUnjyky 'keksZ ¼eqDr½ fo'ofo|ky;] fcykliqj ds rRdkyhu v/;kns'k@mica/kksa vkSj fofu;eksa dk ikyu fd;s fcuk ih,p-Mh- fd;s gSA
24. Sub-section (3) of section 8 of the Act purports that when an
enquiry has been ordered by the Chancellor, the University may
depute the representative(s) to represent the University. Sub-
section (3) is in two parts. One part absolutely remains with the
Chancellor for directing inspection or enquiry and the other is
with the University to depute the representative on behalf of the
University. The fact would suggest that the chancellor has
ordered for an enquiry and there has been delegation of non-
administrative/legislative powers as it only pertains to an enquiry.
The Supreme Court in a case law reported in (2014) 16 SCC
248 Sidhartha Sarawgi V. Board of Trustees for the Ports of
Kolkota has held that the delegation of non-legislative or
administrative power to a person or body can be made on certain 46
things.
25. In the instant case, it would reflect that pursuant to the direction
of enquiry by the Chancellor, the Committee comprising of 3
members was constituted by the State namely Dr. S.K. Jadhav
who is Head of the Department, professor of Micro Biology, Pt.
Ravi Shankar University, Raipur; Dr. Anil Shrivastava, Professor
of Zoology, VYT PG Arts and Science College, Durg and Shri
Gupteshwar Gupta, Joint Director, Higher Education, New
Raipur. The said constitution of team was made through Higher
Education Department vide letter dated 9th May 2018 with a
direction to the Committee to conduct the enquiry in accordance
with the Rules of Ph.D., as also on the basis of the points
mentioned in the Letter of Governor's Secretariat dated
15.11.2017. There was also further direction that after conducting
separate enquiry into each degree of Ph.D., the opinion along-
with report be made available to the State within 15 days.
Thereafter, the Committee submitted the report on 07.09.2018
vide Annexure P-1 and the said committee report was further
forwarded by the State to the Vice Chancellor of the University
vide letter dated 05.10.2018 for further follow-up action.
Thereafter, the State did not take any decision on the report of
the Committee. The body of experts came out with an
unambiguous finding in respect of grant of each Ph.D. degree
and no decision was given to encroach upon the power of
Chancellor to cause enquiry under Section 8 of the Act. 47
26. It is also noteworthy here that the documents filed by
Respondent No.2/Chancellor would show that initially the
Chancellor sought information from the Vice Chancellor of Pt.
Sunder Lal Sharma University on 06.05.2016 with respect to
compliance of Ordinance No. 2 of the Ph.D., Degree and
thereafter various letters were sent by the Chancellor on
11.07.2016, 03.12.2016, 25.05.2017, 17.08.2017 & 27.10.2017
but no communication was replied by the Vice Chancellor. In
such a situation, the power of enquiry was delegated by Letter
dated 15.11.2017 asking the State to make an enquiry on the
particular issue. The documents, therefore, suggest that despite
the information was sought for by the Chancellor, the University
did not reply to the same and eventually, the power of enquiry
was delegated to the State Government by the Chancellor as per
Section 8(2) of the Act of 2014.
27. The State Government thereafter formed a committee of experts
as stated above and after an enquiry, sent communication to the
Vice Chancellor of the University by letter dated 05.10.2018. The
said act would show that no decision was taken by the State and
it is on the delegated power, the enquiry was conducted and like
a ministerial act, after the enquiry was over, it was forwarded to
the University for the necessary action.
28. The Supreme Court in case of Sidhartha Sarawgi v. Board of
Trustees for the port of Kolkotta (Supra) has considered the 48 nature of delegation. Paras 5 & 6 would be relevant here and quoted below :
“5. Regarding delegation of non-legislative/ administrative powers on a person or a body to do certain things, whether the delegate himself is to perform such functions or whether after taking decision as per the terms of the delegation, the said agency can authorise the implementation of the same on somebody else, is the question to be considered. Once the power is conferred, after exercising the said power, how to implement the decision taken in the process, is a matter of procedure. The legislature may, after laying down the legislative policy, confer discretion on an administrative agency as to the execution of the policy and leave it to the agency to work out the details within the framework of that policy. So long as the essential function of decision making is performed by the delegate, the burden of performing the ancillary and clerical task need not be shouldered by the primary delegate. It is not necessary that the primary delegate himself should perform the ministerial acts as well. In furtherance of implementation of the decision already taken by the primary delegate as per the delegation, ministerial or clerical tasks may be performed by authorised officers. The complexity of modern day administration and the expansion of functions of the State to the economic and social spheres have made it necessary that the legislature gives wide powers to various authorities when the situation requires it. Today's governmental functions are a lot more complex and the need for delegation of powers has become more compelling. It cannot be expected that the head of the administrative body performs each and every task himself.
6. The issue was considered by this Court in Jamal Uddin Ahmad v. Abu Saleh Najmuddin (2003) 4 SCC 257 in the 49 context of procedure for filing of the election petitions under Section 81 of the Representative of People Act, 1951. It was held that the ministerial or administrative functions of the authority on whom the powers are conferred by the statute can be exercised by the authorised officers. It was held that : (SCC pp. 269-70, Para 13)
“13. The functions discharged by a High Court can be divided broadly into judicial and administrative functions. The judicial functions are to be discharged essentially by the Judges as per the Rules of the Court and cannot be delegated. However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively or in a group of two or more, and may be delegated or entrusted by authorisation to subordinate unless there be some rule of law restraining such delegation or authorisation. Every High Court consists of some administrative and ministerial staff which is as much a part of the High Court as an institution and is meant to be entrusted with the responsibility of discharging administrative and ministerial functions. There can be 'delegation' as also there can be 'authorisation' in favour of the Registry and the officials therein by empowering or entrusting them with authority or by permitting a few things to be done by them for and on behalf of the Court so as to aid the Judges in discharge of their judicial functioning. Authorisation may take the form of formal conferral or sanction or may be by way of approval or countenance. Such delegation or authorisation is not a matter of mere convenience but a necessity at times. The judges are already overburdened with the task of performing judicial functions and the constraints on their time and energy are so demanding that it is in public interest to allow them to devote time and energy as much as possible in discharging 50
their judicial functions, relieving them of the need for diverting their limited resources of time and energy to such administrative or ministerial functions, which, on any principle of propriety, logic, or necessity are not required necessarily to be performed by the Judges. Receiving a cause or a document and making it presentable to a Judge for the purpose of hearing or trial and many a functions post-decision, which functions are administrative and ministerial in nature, can be and are generally entrusted or made over to be discharged by the staff of the High Court, often by making a provision in the Rules or under the orders of the Chief Justice or by issuing practice directions, and at times, in the absence of rules, by sheer practice. The practice gathers the strength of law and the older the practice the greater is the strength.”
29. The letter of the State would show that the State has not taken
any decision on the enquiry report instead it was forwarded to the
University in a ministerial act. Therefore, applying the aforesaid
principles to the facts of the case, the State acted within a
delegated power by the Chancellor and it was only ministerial act
performed by the State. Sub-section (4) of section 8 of the Act
2004 shows that after certain enquiry report is received, the
Chancellor (Kuladhipati) may address to the Vice Chancellor with
reference to such inspection or enquiry together with views and
advise and the action to be taken. Before the stage happened in
the case, the petitioners have preferred these petitions. The
show cause notice was issued by the University pursuant to such
letter forwarded by the Chancellor. Even otherwise the
University under Clause 5.3 of Ordinance 2 can enquire into any 51
irregularity and take steps. The documents would show that the
State has not taken any decision whereas when the enquiry
report was forwarded to the University, the University itself has
issued the show cause to the different persons. Therefore, the
contention of the petitioners that the State has taken a decision
for which the Kuladhipati was only empowered, is not supported
in the facts of the case.
30. The stage of act under sub-section (4) of section 8 was yet to be
arrived. Before such act happened, the petitioners have rushed
to this Court challenging the show cause notice issued by the
University and have placed different documents and
correspondence as also the communication made by the
University vide letter Annexure R-1(f) dated 05.12.2018 which
was in response to the enquiry report of the State. The University
has given certain explanation to the State and in response to
such letter, the State Government again wrote back to the
University by letter dated 08.04.2019 and advised that according
to the enquiry report and as per the Ordinance No.2, proper
course of action may be adopted, therefore, no decision was
taken by the State and the opinion of the enquiry committee was
forwarded to the University. Therefore, virtually no action was
taken till date by the Kuladhipati.
31. It is a settled law that writ petition against show cause notice is
not maintainable unless it is proved as premeditated in view of 52
the decision of the Supreme Court rendered in Siemens Ltd. v.
State of Maharashtra (2006) 12 SCC 33. The ratio which is laid
down in the said case is that the show cause notice can be struck
down only when the issuing authority made up their mind.
Perusal of various various documents which are filed by the
petitioners in this case read with Ordinance would point out that
the University is within their right to ask for explanation. If the
ordinance has not been followed which is with respect to grant of
degree in higher academic courses especially the Ph.D., the
University is within their domain under the Ordinance to touch
upon the veracity of grant of degree. The correctness and legality
are yet to be decided for which the show cause notice was
issued. The Chancellor and the Act of the University therefore
cannot be put to a dummy mode to hold that once the Ph.D., has
been issued, they cannot test the veracity of it. In the facts and
circumstances of the case, the show cause notice cannot be said
to be premeditated so as to quash the same at the threshold.
32. Further perusal of the documents relating to correspondence
made between the Chancellor, Vice Chancellor and the State
would show that on receipt of complaints in respect of grant of
Ph.D., degrees, the Chancellor wrote letter on 06.05.2016 to the
University to enquire into the matter and thereafter sent many
reminders to the university on 11.07.2016, 03.12.2016,
25.05.2017, 17.08.2017 & 27.10.2017 and when no reply has
been received till long from the Vice Chancellor of the University, 53
eventually the Chancellor has delegated the power of enqury to
the State. Upon such delegation, the State has constituted a
team of 3 experts through Higher Education Department to
conduct enquiry as per 11 points mentioned in the Chancellor's
letter. The said Committee after conducting enquiry into each
grant of Ph.D., degree submitted the report and after completing
such long exercise the show cause notice was issued to the
petitioners. Therefore, considering these circumstances also, it
cannot be said that the show cause notice was premeditated.
33. The petitioners, however, can very well present their stand before
the University to justify the award of the Ph.D. Degree and that
the requirements of Ordinance No.2, which govern Ph.D., were
fulfilled in its object and spirit. Subsequently if any adverse
decision is taken, the petitioners shall be at liberty to challenge
the same. At this stage, this Court restrains itself to adjudicate or
comment upon the fact as to whether a particular part of
Ordinance has been duly complied or not ? It would be a matter
of consideration for the University and the Chancellor in
furtherance.
34. In the result, the petitions are premature and no relief can be
granted at this stage. Accordingly, the petitions are dismissed.
Sd/-
(Goutam Bhaduri) Judge
Rao