Shri Kakuto v. State of Meghalaya

Judgment and Order (Oral) Heard Mr. H. Abraham, learned counsel appearing for the petitioner, and also Dr. N. Mozika, learned Senior counsel, assisted by Mr. P. Nongbri, learned counsel appearing for respondent Nos. 1–5. There is no appearance on behalf of the respondent Nos. 6-10. This writ petition has been filed claiming compensation for the collection of fees by the respondent CMJ University without any legal competency to do so. The prayer made in the writ petition reads as follows: - "In the premises it is humbly prayed that Your Lordship may be pleased to admit the instant Writ Petition and issue Rule calling upon the Respondents as to why a writ of mandamus should not be issued as to why giving admission to the writ petitioners for Master Degree, B.Com and B.Ed, B.A, B.Sc, MSW, M.Sc Maths to the writ petitioners for the academic

year 2011-12, 2012-13 and 2013-14 and collecting huge fees thereof by the respondent CMJ University, respondent CMJ Foundation and respondent state without legal competency should not be declared as illegal and unconstitutional and further, please direct the above respondents to award suitable and reasonable compensation to the tune of Rs. 5 lakhs each as permissible under the realm of public law remedy and further be pleased to pass such order/orders as Your Lordship may deem fit and proper. And for which act of kindness the Writ Petitioners as on duty bound shall every pray."

The CMJ University, which was established by virtue of the CMJ University Act, 2009, came to be dissolved by an order dated 31.03.2014 issued by the Education Department of the State of Meghalaya. The said order of dissolution of the University was subsequently upheld by the Apex Court by its judgment dated 13.02.2025. Pursuant to the decision of the Apex Court, by a notification dated

20.02.2025, the Government of Meghalaya, through the Education Department has appointed the Joint Secretary to the Government of Meghalaya, Education Department as the Administrator of CMJ University. The winding up process of the University was, thereafter, commenced by the Administrator of University and a public notice dated 26.03.2025 was issued inviting claims and objections from all concerned within a period of 30 days from the date of the issue of the notice. It is submitted by the learned Senior counsel representing respondent Nos. 1–5 that the grievances raised by the writ petitioner in this petition can be looked into and taken care of by the Administrator of University. He submitted that the time limit fixed in the notification can be relaxed and extended for the petitioners, as they approached this Court with the instant writ petition before the public notice dated 26.03.2025 was issued.

The learned counsel appearing for the petitioners has opposed the submission made by the learned Senior counsel for respondent Nos. 1–5 and submitted that the petitioners have approached this Court by invoking public law remedy and hence, it would be appropriate for this Court to take a call on the prayer made in the writ petition. He submitted that there are many instances where the Courts have granted relief by ordering payment of compensation in cases involving similar and identical facts. Upon consideration of submissions made by the rival parties, it appears that the suggestion put forward by the learned counsel for the respondent Nos. 1-5, is fair and acceptable as the petitioners will have all the liberty to raise their grievances before the Administrator of University. Even if there is claim for payment of compensation by the petitioners, such claim can be considered and decided by the Administrator. This writ petition, is therefore, disposed of by giving liberty to the petitioners to approach the Administrator of CMJ University within a period of 30 days from today. In the event the petitioners approach the Administrator seeking redressal of their grievances within the period specified above, the Administrator shall decide the matter as expeditiously as possible. Needless to say, the petitioners will have liberty to approach the Court, if there still remains any grievance against the decision of the Administrator. With the above, this writ petition stands closed. No costs.

Judge Meghalaya

01.07.2026 Abhinandan, P.S Date: 2026.07.01 18:07:25 IST

Serial No.04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP (C) No. 310 of 2014 Date of Order: 01.07.2026 1. Mr. Kakuto Aged about 27 years Son of Shri. Vikiho Sumi Resident of Nongthymmai, East Khasi Hills District, Shillong, 2. Mr. Dawa Phuntsho Aged about 27 years Son of Shri. Sonam Drukpa Resident of Laitumkhrah, East Khasi Hills District, Shillong 3. Mr. Monmaya Aged about 24 years Son of Shri. Mon Maya Gurung Resident of Laitumkhrah, East Khasi Hills District, Shillong 4. Miss. Pena Choki Aged about 23 years Son of Shri. Kezang Dorji Resident of Laitumkhrah, East Khasi Hills District, Shillong 5. Mr. Ugyen Chendup Aged about 23 years Son of Shri. Tashi Dorji Resident of Laitumkhrah, East Khasi Hills District, Shillong 6. Mr. Karma Wangchuk Aged about 23 years Son of Shri. Jangchub Tenzin Resident of Laitumkhrah, East Khasi Hills District, Shillong 7. Mr. Tula Ram Dhankuti Aged about 22 years, Son of Shri. Padam Lal Dhanhuti, Resident of Laitumkhrah, East Khasi Hills District, Shillong 8. Miss. Seloon Daughter of Shri. Yeshi Wangoi, Resident of Laitumkhrah, East Khasi Hills District, Shillong 9. Mr. Bikasa Dahal Son of Shri. Dhim Bahardur Dahal, Resident of Laitumkhrah, East Khasi Hills District, Shillong 10. Mr. Kinley Wangchuk Son of Shri. Santen Choejala, Resident of Laitumkhrah, East Khasi Hills District, Shillong 11. Miss. Sungjenrenla Jamir Daughter of Shri. Aotemsu Jamir, Resident of Upland road, East Khasi Hills District, Shillong 12. Mr. Akumtong Pongen Son of Shri. Aotemsu Jamir, Resident of Upland road, East Khasi Hills District, Shillong 13. Miss. Toshisongla Daughter of Shri. Chubalepzuk, Resident of Upland road, East Khasi Hills District, Shillong 14. Miss. Elina K. Achumi Daughter of Shri. Khetoji Achumi, Resident of Nongrim Hills, East Khasi Hills District, Shillong 15. Miss, Chitra Rani Daughter of Shri. Thoudam Singh, Resident of Laitumkhrah, East Khasi Hills District, Shillong 16. Miss. Imtilila Aier Daughter of Shri. T. Mamen Aier, Resident of Laitumkhrah, East Khasi Hills District, Shillong 17. Miss. Ketisungla Daughter of Shri. Lima Temsu, Resident of North East Girls Hostel, Shillong, East Khasi Hills District, 18. Miss. Kikali Yeptho Daughter of Shri. Vilooto Yetho, Resident of Upper new Colony, East Khasi Hills District, Shillong 19. Miss. Bamin Pinky Daughter of Shri. Bamin Taiin, Resident of Madanriting, East Khasi Hills District, Shillong 20. Mr. Javad Pegy Son of Shri. Jugananda Pegy, Resident of Madanriting, East Khasi Hills District, Shillong 21. Miss. N. Ebebeni Tungoe Daughter of Shri. Nzanbemo Tungoе, Resident of Motinagar, East Khasi Hills District, Shillong 22. Miss. Sevotsonuo Temi Daughter of Shri. Malo Temi, Resident of Motinagar, East Khasi Hills District, Shillong 23. Mr. Longshibemo Son of Shri. Echio Tungoe, Resident of Nongthymmai, East Khasi Hills District, Shillong 24. Miss. Deepa Chetri Daughter of Late. Chandra Bhadur Chetri, Resident of Laitumkhrah, East Khasi Hills District, Shillong 25. Miss. Mohini Rina Aged about 24 years, Daughter of Shri. N. Rina Resident of Laitumkhrah, East Khasi Hills District, Shillong 26. Miss. C. Abeni Ngulli Daughter of Shri. Chumthungo Ngulli Resident of Motinagar, East Khasi Hills District, Shillong 27. Miss. Nagatoli Chophy Daughter of Shri. Vitoshe Chophy Resident of Laitumkhrah, East Khasi Hills District, Shillong, 28. Mr. Mudothili Sumi Son of Shri. Besuyi Resident of Nongrim Hills, East Khasi Hills District, Shillong 29. Mr. Pothito Son of Shri. Thupukhrunye Resident of Nongrim Hills, East Khasi Hills District, Shillong 30. Mr. Rinchen Wangmo Son of Shri. Gurula Resident of Laitumkhrah, East Khasi Hills District, Shillong 31. Miss. Sophia Thonger Daughter of Shri. L.I. Sangtam Resident of Nongthymmai, East Khasi Hills District, Shillong 32. Miss. Tsuktiksla Longkumer Daughter of Shri. Sakunemla Longkumer Resident of Nongthymmai, East Khasi Hills District, Shillong 33. Miss. Aosenla Imchen Aged about 24 years, Daughter of Shri. Temsa