The High Court dismissed an intra-court appeal praying to quash a single judge order which held the appellant's candidature for an oil retail dealership on account of the unverified status of his graduation degree obtained from Jodhopur National University.
The intra-court appeal was dismissed and the single judge order was affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1522/2018
Amrit Lal Salvi S/o Shri Panna Lal Salvi, Aged About 49 Years, Village Footala, Post Bhanda Tehsil Kherwara, District Udaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Lokesh Mathur
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Judgment
Per Hon’ble Mr.Sangeet Lodha,J.
27/09/2018
(2 of 7)
[SAW-1522/2018]
continue with the process for allotment of Retail Outlet (RO) Dealership to him at the location ‘between milestone 325-323 on NH-8 Udaipur-Ahmedabad’, has been dismissed.
(3 of 7)
[SAW-1522/2018]
students on its website in respect whereof the matter is being investigated by the Investigating Officer. It is stated that the off campus students who acquire the degree from the University are dealt by the various coordinators of study centers established as per the provisions of Jodhpur National University Act, 2009 and the process for admission, study material and examination is undertaken as primary responsibility of the Coordinator of Study Centre established by the University and the degrees were issued by the University on the basis of data and material provided by such centers to the University.
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who themselves have issued the mark-sheets cannot be a ground for not continuing with the process of consideration of candidature of the petitioner for award of dealership. Learned counsel submitted that till this date there is no declaration to the effect that the degrees awarded by the University are not valid and thus, the action of the respondent in not considering the candidature of the petitioner on this count is absolutely unjustified.
“29. The petitioner University constituted and established under an Act enacted by the State Legislature, is under an obligation to function as a responsible institution in furtherance of objects sought to be achieved and its function being controlled & regulated by the provision of the Act, no individual officer of the University including
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Chancellor inheres the authority to act in such a manner, assuming itself to be the sole repository of powers, which are required to be exercised by the University as an institution in the manner prescribed under the Act. It is really strange that the University has attempted to project before this court, as if the Chancellor/Chairperson of the University is a different entity and the University as an institution owes no responsibility regarding his unscrupulous acts performed by him in the capacity of Chancellor/Chairperson of the University. In the considered opinion of this court, if the University fails to act in furtherance of the objects sought to be achieved and indulge in mal-functioning to such an extent that its Chancellor/Chairperson is found involved in issuing fake degrees to the students through a planned device, in exchange for money, under the Scheme of the Act, powers of the State Government to take appropriate measures with utmost expedition, to avoid risk to the future of new comer students, cannot be doubted.
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campus/study centre, was entrusted to the Coordinators and the University was only issuing the degrees on the basis of the data and material provided by such centre. In any case, the petitioner University, which is directly responsible for maintaining the standard of education imparted at its various centres within the campus and offcampus cannot be permitted to plead ignorance regarding mal-functioning and mal-administration prevailing therein. 31. As discussed hereinabove, the allegations prima facie found proved against the Chancellor/Chairperson of the University and his involvement in commission of criminal offences for which he is being tried by the court of competent jurisdiction, speaks a volume about malfunctioning and mal-administration of the University and therefore, the State Government, a regulatory body, responsible for maintaining the standard of education in the State, cannot remain a silent spectator. This court is firmly of the opinion that the State Government as a regulatory body, taking into consideration larger public interest, is entitled to take appropriate interim measures during the pendency of the enquiry and/or the proceedings initiated for the liquidation of the University and therefore, the stand sought to be taken by the petitioner University that the State Government has no power whatsoever to inter meddle in the matter of admission of the students, cannot be accepted.”
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appellant, the respondent-BPCL was absolutely justified in putting consideration of the appellant’s candidature for award of dealership on hold inasmuch as the Graduation degree is one of the eligibility criterion to qualify for award of dealership. On the facts and in the circumstances of the case, this court is of the considered opinion that the BPCL cannot be directed to consider the candidature of the appellant for award of dealership presuming the degree of Graduation obtained by the appellant as valid.
(DINESH MEHTA),J
(SANGEET LODHA),J
2 issues framed by the court
Whether BPCL was justified in holding the appellant's candidature on account of the unverified graduation degree?
Whether the learned Single Judge was correct in not directing verification of the appellant's degree?
Colour shows how this judgement treated each authority
Jodhpur National University vs State of RajasthanExplained¶8
Jodhpur National University, Jodhpur Vs. State of Rajasthan and Another (S.B. Civil Writ Petition No.7628/15)
1 provisions across 1 enactments
Amrit Lal Salvi
Union of India
Bharat Petroleum Corporation Limited
Jodhpur National University
Sangeet Lodha
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
