CMJ Foundation vs State Of Meghalaya 2025 INSC 211 - University Chancellor Appointment

Chandra Mohan Jha University Act, 2009 - Section 14(1) - The appointment of the Chancellor, made by the University, shall require mandatory approval by the Visitor failing which, such appointment would be non est in the eyes of law (Para 36)- For the appointment of the Chancellor of the CMJ University, the Sponsor is not the sole authority, and the Visitor also plays a pivotal role. The Visitor is not merely a titular head and the appointment of any person as Chancellor by the Sponsor would attain validity only upon the approval of the Visitor- If a statute provides for the approval of the higher Authority, the order cannot be given effect to unless it is approved and the same remains inconsequential and a dead letter in the eyes of law. (Para 44-45)

Interpretation of Statutes - In the absence of any statutory flavour, a provision cannot be interpreted to create a legal fiction in such eventuality, and creating a fiction through judicial interpretation may amount to legislation, which is exclusively the domain of legislature. (Para 42)

Judicial Review - Judicial review lies against a decision-making process and not against the decision itself. (Para 66)

Words and Expressions - ‘Subject to’ means ‘conditional upon’ in law. (para 39) Approval means confirming, ratifying, assenting, sanctioning or consenting to some act or thing done by another. The very act of approval means, the act of passing judgment, the use of discretion, and determining as an adjudication therefrom unless limited by the context of the Statute. (Para 40)