Employees to Be Reinstated Without Back Wages Despite Degrees From Ultra Vires University
In a landmark judgment, the Supreme Court of India delivered a significant verdict concerning the employment status of librarians whose degrees were obtained from the University of Technology and Science, Raipur, Chhattisgarh. The Court ruled that the termination of these employees by the State of Bihar, based on the invalidation of their degrees, was illegal. This decision comes after the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 - under which the said university was established - was declared ultra vires.
The case involved Priyanka Kumari and other appellants who were dismissed from their librarian positions due to their degrees being declared invalid after the 2002 Act was struck down. The Supreme Court highlighted that these employees were not at fault, as they obtained their degrees from a university that was initially recognized and functioning under a legitimate legislative act before it was invalidated.
Despite this, the Court did not award back wages, reasoning that the employees did not perform duties during the period of their termination, and the State was not solely at fault. This decision aligns with the Court’s principle of fairness, ensuring that while employees regain their positions, compensation for the non-working period is not granted.
The ruling further referenced the judgment in Prof. Yash Pal's case, which protected students enrolled in institutions declared ultra vires by directing their transfer to recognized universities. However, the Supreme Court extended relief even to those who had already graduated, provided they were not involved in any misconduct and their universities were not fraudulent.
The verdict underscores the importance of protecting individuals who, without malfeasance, found themselves affected by legislative and administrative oversights. This judgment is expected to have significant implications for similar cases across the country.
Bottom Line:
Termination of services of employees based on the invalidation of degrees obtained from a university declared ultra vires is illegal if the employees cannot be held at fault for studying in a then-recognized institution.
Statutory provision(s): Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002, Prof. Yash Pal v. State of Chhattisgarh, Employment Law, Education Law
Priyanka Kumari v. State of Bihar, (SC) : Law Finder Doc id # 2855032
