Priyanka Kumari & Ors. v. State of Bihar & Ors

 Degrees obtained from a university established under a statute later declared ultra vires cannot be invalidated retrospectively to penalise bona fide students who had already graduated.

 

Background

The appellants were appointed as librarians in Bihar (2010) on the basis of B.Lib degrees obtained in 2004 from the University of Technology and Science, Raipur, established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002.

In Prof. Yashpal v. State of Chhattisgarh, (2005) 5 SCC 420, this Court declared Sections 5 and 6 of the 2002 Act ultra vires, resulting in such private universities ceasing to exist.

In 2015, the appellants’ services were terminated on the ground that their degrees were from an unrecognised university. The High Court upheld the termination.

 

Issues Framed

1. Whether degrees obtained prior to the striking down of the 2002 Act stood invalidated retrospectively?
2. Whether the appellants’ termination solely on that ground was lawful?
 

Court’s Reasoning

1. Effect of Prof. Yashpal Judgment

• In Prof. Yashpal, while declaring Sections 5 and 6 of the 2002 Act ultra vires, this Court directed protection of students who were “actually studying” by enabling affiliation to existing universities.
• The present appellants had completed their studies in 2004—before the judgment dated 11.02.2005.
• There was no finding that the University was bogus or that no education was imparted.
• The appellants studied in a university established under a statute validly operating at that time.

The Court held that students who had already passed out cannot be penalised for legislative incompetence subsequently declared by the Court.

 

2. Bona Fides and State Conduct

• The appellants were appointed in 2010 despite the Yashpaljudgment being in the public domain.
• They served for over five years before termination.
• The State did not establish fraud, misrepresentation, or fabrication of qualifications.

Relying on similar reasoning adopted by the Bombay High Court in Anil Bhimraj Purane, the Court held that bona fide graduates cannot be deprived of their degrees.

 

Decision / Disposition

Appeals allowed.
High Court judgment set aside.
Termination orders declared illegal.
Appellants directed to be reinstated with continuity of service but without back wages.

 

Ratio

Where a university was established under a statute validly in force at the time students completed their studies, subsequent declaration of that statute as ultra vires does not retrospectively invalidate degrees of bona fide graduates, and termination solely on that ground is illegal.

 

Case Details

Citation: 2026 INSC 167
Decided on: 18 February 2026
Case Title: Priyanka Kumari & Ors. v. State of Bihar & Ors.(with connected appeals)
Court: Supreme Court of India
Bench: Rajesh Bindal, J.; Vijay Bishnoi, J.

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