Case Remanded for Fresh Adjudication Due to Procedural Non-Compliance and Natural Justice Concerns; Stay Order in Effect.

STATE OF MEGHALAYA AND ANR, THE PRINCIPAL SECRETARY TO THE GOVT. OF MEGHALAYA Versus CMJ FOUNDATION AND 3 ORS, CMJ UNIVERSITY, MRS INDU RANI JHA

STATE OF MEGHALAYA AND ANR, THE PRINCIPAL SECRETARY TO THE GOVT. OF MEGHALAYA Versus CMJ FOUNDATION AND 3 ORS, CMJ UNIVERSITY, MRS INDU RANI JHA - TMI Issues involved: Show-cause notices, dissolution order under Section 42(2) of CMJ University Act of 2009 challenged in writ petition, appeal against judgment quashing the notices and order.

Judgment Summary:

Issue 1: Challenge to show-cause notices and dissolution order
The writ petition challenged show-cause notices and dissolution order under Section 42(2) of CMJ University Act of 2009. The Single Judge quashed the notices and order, leading to an intra-court appeal. The matter was transferred to Gauhati High Court by Supreme Court order in SLP(C) No.21890/2017 for expedited consideration.

Issue 2: Lack of consideration of respondent's case
The appellant contended that the Single Judge did not consider the case presented by the respondents, leading to a decision based solely on the petitioner's arguments. The Single Judge's decision was based on non-compliance with procedural requirements under Section 48 of the Act and principles of natural justice. Both parties agreed to set aside the judgment for a fresh adjudication.

Issue 3: Remand for fresh adjudication
The High Court agreed to remand the matter for a fresh adjudication by the Single Judge, without making any observations on the claims or issues raised by the parties. The Supreme Court's order required expeditious consideration, with a stay order continuing until the fresh adjudication. The interest of justice necessitated the continuation of the stay order during the proceedings before the Single Judge.

Conclusion:
The appeal was disposed of by remanding the matter back to the Single Judge for a fresh adjudication, with the records transmitted back to the High Court of Meghalaya. The parties were granted liberty to raise any issues during the fresh consideration by the Single Judge.