In a ruling that cuts through years of uncertainty, the Supreme Court has made it clear: a degree lawfully earned cannot be invalidated simply because the university’s founding law was later struck down.
The case revolved around a group of librarians in Bihar whose services were terminated after the state argued that their qualifications were tainted. The reason? The university from which they had secured their Bachelor of Library Science degrees was later rendered defunct following a constitutional challenge.
The institution in question — University of Technology and Science, Raipur — had been established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002. At the time these librarians completed their degrees in 2004, the university was functioning under a valid state law and its courses had received central recognition.
The legal landscape shifted in 2005, when the Supreme Court, in Prof. Yash Pal v. State of Chhattisgarh, struck down key provisions of the 2002 Act, holding that the state legislature lacked the competence to create universities in the manner it had. The affected institutions were ordered to shut down. However, students who were already enrolled or had completed their degrees were shielded from harm and permitted to migrate to recognised institutions.
Despite this protective umbrella, the Bihar government later terminated the librarians in 2010, arguing that their degrees were rooted in an institution whose parent legislation had been invalidated.
The Supreme Court disagreed.
Overturning the Patna High Court’s decision, the bench emphasised that the appellants had pursued their studies when the law establishing the university was still in force. There was no allegation that the university was fictitious or that education had not actually been imparted. The Court underscored that the individuals could not be faulted for circumstances that unfolded after they had lawfully earned their qualifications.
The verdict directs the state to reinstate the librarians. However, the Court clarified that they will not receive back wages for the period during which they were out of service.
The judgment draws a firm line: legal invalidation of a statute may close institutions, but it cannot retroactively erase academic credentials obtained in good faith under a law that was operational at the time.
