Legal Provisions Involved: Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 (Sections 5 and 6)

Judgement by: Supreme Court of India

Judge/Bench: Justice Rajesh Bindal and Justice Vijay Bishnoi 

Facts

The Appellants obtained Bachelor of Library Science degrees in 2004 from the University of Technology and Science, Raipur, established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002. In 2005, this Act was declared ultra vires by the Supreme Court. The Appellants were appointed as librarians by the State of Bihar in 2010, however, their services were terminated in 2015 on the ground that their degrees were invalid. 

Key legal Provisions

Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 (Sections 5 and 6)

Issues raised 

Whether students who passed out before the declaration of the 2002 Act as ultra vires are entitled to protection of their degrees 

Arguments of the case

The Appellants argued that students who passed out before the Act was struck down should be protected, analogous to the protection granted to students still studying at the time of the judgement. The Respondent on the other hand argued that once the Act was declared ultra vires, all degrees became unrecognised, and no relief can be granted to students who had already passed out. 

Judgement

The Supreme Court held that the Appellants studied in a university lawfully established under State legislation and cannot be penalised for its subsequent invalidation. The termination orders were declared illegal. 

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