Authority: High Court of Jharkhand at Ranchi

Order Date: 30 October 2026

Case Overview

  • Parties: Radha Govind University (private university) filed the writ petition through Registrar Ashok Kumar; respondents were the State of Jharkhand, the Secretary, Department of Higher and Technical Education, and the Director, Directorate of Higher Education.
  • Show‑cause notice: Letter No. 1776 dated 19‑08‑2026 issued by the Director demanded explanation why an administrator should not be appointed, prohibited the university from taking any new admissions, and directed that undergraduate degrees awarded to 33 candidates and the Ph.D. degree awarded to Mr. Gautam Kumar be kept in abeyance.
  • University background: Established under the Radha Govind University Act, 2018 (Notification No. 974 dated 11‑10‑2018). Offers courses approved by PCI, Jharkhand Nurses Registration Council, BCI, NCTE, Jharkhand Academic Council, AICTE. Employs 216 teaching and 183 non‑teaching staff; enrolment stands at approximately 7,500 students across programmes including Ph.D.
  • Statutory status: Self‑financed under Section 3(9) of the Act; receives no grant‑in‑aid from State or Central Government.
  • Enquiry committee: Constituted by Notification No. 953 dated 07‑05‑2026; inspected the university on 12‑05‑2026 and 13‑05‑2026. The committee’s report, highlighting systemic administrative lapses, statutory non‑compliance, academic irregularities, financial mismanagement, land‑infrastructure deficiencies and excessive intake, was not served to the university.
  • Petitioner’s arguments: The 15‑day reply period breaches Section 43(1) which mandates a 45‑day period; the State had not formed an opinion of contravention; the State lacks authority to restrain admissions or place degrees in abeyance; extra‑statutory positions such as ‘Pro‑Chancellor’ and ‘CEO’ violate Sections 22 and 23.
  • State’s arguments: Citing Section 36, the State may assess standards and issue directions; the show‑cause notice was issued to obtain explanations pending an administrator appointment; the enquiry uncovered massive lapses; any procedural defect in the notice could be remedied by complying with Sections 36 and 43.
  • Court’s analysis: Section 36 empowers the State to assess and direct but does not permit punitive admission bans at the show‑cause stage. Section 43 requires a 45‑day notice, a prior opinion of contravention, and a subsequent inquiry before an administrator can be appointed. The notice gave only 15 days and lacked a stated statutory basis, rendering it ultra vires. Supreme Court precedents (Hukam Chand Shyam Lal v Union of India, Chandra Kishore Jha v Mahavir Prasad, State of Jharkhand v Rukma Kesh Mishra) were cited to emphasise strict compliance with statutory procedure.

Final Outcome

  • The show‑cause notice dated 19‑08‑2026 and all its directions (appointment of administrator, prohibition on new admissions, abeyance of 33 UG degrees and 1 Ph.D. degree) are quashed.
  • The State is free to exercise any powers conferred under other provisions of the Radha Govind University Act, 2018, provided it follows the law.
  • The writ petition is disposed of, and any pending interim applications are also disposed of.

Topics: Higher Education, Court Proceedings