Sunday, 24 July 2016

Whether vested right can be taken away?

 It is trite that a vested right cannot be taken away except by a law
which is expressly made retrospective and must stand the scrutiny of law.
The Board or the State of Uttar Pradesh did not invalidate degrees awarded
by the Vishwavidyalyas in the past during the period the Vishwavidyalya
was recognized and degrees granted were given equivalence. The
recognition was withdrawn in the year 2009.
Date of Decision : July 21, 2016
W.P.(C) 7284/2015

1. The three writ petitioners passed class XII from Gurukul University
Vrindavan in the year 2008. They were all awarded a degree certified that
they had passed the Xth Standard Examination conducted by Gurukul
University Vrindavan which was concededly notified as equivalent to the
High School Examination conducted by the Uttar Pradesh Secondary
Education Board. The applicable recognition and equivalent was accorded
by the State of Uttar Pradesh. The three petitioners successfully cleared the
recruitment process for being appointed as a constable in a Central Armed
Police Force and as per their marks were allocated to the Central Industrial
Security Force. All of them have been conveyed orders dated February 02,
2015 informing them that the Gurukul Vishwavidyalaya Vrindavan is a nonrecognized
institution and thus the certificate on the strength of which they
were found educationally qualified being found to be invalid their services
were being terminated. In that, their very candidature was cancelled.
2. In paragraph 10 of the writ petition the writ petitioners have pleaded
as under:-
“10. That after being declared successful in the
written examination the petitioner was waiting for his
appointment order for the said post, however on 02/02/205
he received the order impugned herein whereby it was
alleged that the university from which the petitioner had
done his 10th standard was a fake university whose
affiliation had been cancelled by the state of UP, however it
is submitted that although the said assertion of Respondent
No.2 would have been true but the same is not in
consonance with the facts of the case for the reason that the
affiliation of Gurukul University, Vrindavan had indeed
been cancelled by the State of UP as communicated vide
letter dated 30/04/2009 written by Secretary Secondary 
Education, State of Uttar Pradesh, however the same and
only been done for degrees/examination of 10th standard
conducted by the said University after 2008 while the
petitioner had passed his 10th standard examination in the
year 2006. True copy of letter dated 30/04/2009 written by
the Secretary Secondary Education, Uttar Pradesh as well
as the 10th standard certificate of the petitioner are annexed
herewith and marked as Annexure P-6.”
3. In the counter affidavit reply to para 10 of the writ petition has been
merged with replies to paras 12 and 13. The composite reply reads as
“In reply to paragraphs 10 to 13 of the writ petition, it is
further submitted that during the scrutiny of recruitment
dossiers of the candidates for the post of Constable/GD-
2013 in CISF, by the Dossier Scrutiny Board, it is found by
the board that the Matric Certificate issued from Gurukul
Vishwavidyalaya, Vrindavan, Mathura submitted by the
petitioner in support of his educational qualification for the
recruitment of Constable/GD-2013 in CAPFs and Rifleman
(GD) in Assam Rifles-2013 is fake educational certificate as
per University Grants Commission, Bahadurshah Zafar
Marg, New Delhi letter No.F.No.-7-3/97(MPC) dated
December, 2011 regarding Press Release for “Precautions
against Fake Universities/Vishwavidyalayas” letter No.F.7-
3/2012(MPC) dated May, 2014 and letter No.F.7-3/2012
(MPC) dated June, 2015 and Govt. Gazette dated
18/05/2013 published by Govt. of Uttar Pradesh.
Accordingly the present matter was referred to CISF HQrs
New Delhi for taking decision in the matter. In turn FHQrs
has directed the CISF 5th Res Bn, Ghaziabad vide message
bearing No.(239) dated 28.01.2015 to cancel the
candidature of the petitioner for the post of Constable/GD in
CISF, as per the instructions issued earlier vide FHQrs
message No. (2391) dated 13.10.2014. Accordingly the
candidature of Roll No.3011535154 Arun Tomar S/o Shri
Satender Tomar has been cancelled vide Sr.Commandant
CISF 5th Res Bn Ghaziabad letter No.(2284) dated
02.02.2015 (which is to be read as 02/03/2015). It is also 
pertinent to mention her that in order to confirm the
authenticity of certificate issued by Gurukul
Vishwavidhyalaya, Vrindavan, Mathura, a written request
was made to the Secretary, Mahdyamik Shiksha Parishad,
Allahabad, Uttar Pradesh vide Sr.Commandnat CISF 5th
Res. Bn. Ghaziabad Lr.No.(4252) dated 06.05.2015 which
was sent through a representative i.e. Sub-Inspector/Exe
from CISF 5th Rs Bn Indirapuram Ghaziabad. Accordingly,
vide Secretary, Madhaymik Shikhya Parisad, UP, Allahabad
letter No.Parisad-9/95 dated 08/05/2015, which is supported
by Govt. Gazette dated 18/05/2013 issued by the Govt. of
Uttar Pradesh, copy of which is annexed herewith and
marked as Annexure R/VII, it was clarified that the
Adhikari Pariksha of Gurukul Vishwavidyalaya, Vrindavan,
Mathura is not equivalent to High School Pariksha for any
year. Thus, the action taken by the respondents is legal,
valid and fully justified and warrants no interference by this
Hon’ble Court in view of the detailed facts stated
hereinabove, which may be read as part and parcel hereof
for the sake of brevity.”

4. Now, there is no denial to the assertion made in paragraph 10 of the
writ petition that the recognition granted was withdrawn after the year 2008
and that the petitioners had obtained the degree in question in the year 2006.
5. The reference in the counter affidavit to the gazette notification dated
May 08, 2013 is sans the notification being filed. What has been filed is a
letter dated May 08, 2015. The same is Annexure R VII. It throws
considerable light on the issue. It reads as under:-
“Forwarded by:
The Secretary,
Secondary Education Board,
 Uttar Pradesh, Allahabad,
The Office of Sr. Commandant,
Central Industrial Security Force,
th Res. Battalion, Ghaziabad,
Post - Indra Puram
Letter No. – Board – 9/95 Dated: 08-05-2015
Subject: Regarding equal class
Regarding the aforesaid subject in reference to your letter
E-32023/C.I.S.F./5th Res.Bat/RGD-13/2015/4252, dated 06-
05-2015, it is informed that official examination of Gurukul
Vishvidyalya, Brindavan, Mathura had been equivalent to
High School Examination of Uttar Pradesh Secondary
Education Board till 2008 with the provision that the said
examination may not have been passed in parts alongwith
English subject in more than one year. Here, the word
“Parts” means supplementary examination.
Vide Administrative Order No. 500/15-07-2013-(139)/2005,
dated 09-04-2013, the administration abolished even the
aforesaid equivalence of official examination which had
been recognized till 2008. Regarding the aforesaid,
Notification No. Board-9/85 dt. 10-05-2013 was published
in the official Gazette by the Board Office for the
information of General Public. (The copy enclosed).
It is clear from aforesaid Notification that official
examination of any year conducted by Gurukul
Vishvidyalya, Brindavan, Mathura is now not recognized as
equivalent to High School Examination of the Board.
Enclosure: As per above.
Yours sincerely,
Sd/ illegible
Dy. Secretary (Board)”

6. Suffice it to state that the letter recognizes the fact that the 
examination conducted by Gurukul Vishwavidyalaya Vrindavan was
recognized and made equivalent to the High School Examination conducted
by the UP Secondary Education Board till the year 2008 with the provision
that the examination had to be passed in the same year and not that some
papers were cleared in one year and some in the other. The recognition
enured till the year 2008. The last part of the letter creates a little confusion
by recording the opinion of the sender of the letter that in view of the
notification dated May 09, 2013 where equivalence was abolished the
degrees issued by the Vishwavidyalaya are not recognized as equivalent to
High School Examination conducted by the Board.
7. It is trite that a vested right cannot be taken away except by a law
which is expressly made retrospective and must stand the scrutiny of law.
The Board or the State of Uttar Pradesh did not invalidate degrees awarded
by the Vishwavidyalyas in the past during the period the Vishwavidyalya
was recognized and degrees granted were given equivalence. The
recognition was withdrawn in the year 2009.
8. When the petitioners took the examination in the year 2006 the
Vishwavidyalas was recognized and equivalence was given to the degrees
awarded by it. It is not the case of the respondents that the petitioners
cleared the examination in more than one year.
9. The writ petitions are allowed. Impugned communications dated
February 02, 2015 are quashed. CISF shall proceed ahead in the matter of
giving employment to the petitioners as per law. If petitioners cleared the
medical examination and are entitled to be offered appointment as Constable
in CISF, letter offering appointment shall be issued to them. The petitioners
would be entitled to consequential benefits of seniority as per their merit
position but no back wages would be paid to them.
10. Compliance be made within 4 weeks from today.
11. No costs.
JULY 21, 2016

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