SWAMI DHIRENDRA BRAHAMACHARI Vs. SHAILENDRA BHUSHAN

JUDGEMENT

(1.) VISHWAYATAN Yogashram (herein referred as Yogashram) is a society registered under the Registration of Societies Act, 1860 with its registered office at Ashoka Road, New Delhi. The petitioner is its Managing Trustee. On August 18, 1989 an advertisement was inserted by the Yogashram in the Hindustan Times inviting applications both from male and female candidates for admission to its one year Yoga training course which was to commence from September 15, 1989 at Vishwayatan Yogashram, Katra Vaishnavi Devi, J & K. Since the said advertisement is at the centre storm of the whole matter, let me reproduce the same. It runs as under : "Application from male and female candidates are invited for admission to One Year Yoga Training Course commencing from 18th Sept. 1989 at Vishwayatan Yogashram, Katra Vaishnavi Devi (J & K.). The maximum number of candidates to be enrolled in this course will be 100. 15% seats are reserved for Scheduled Caste and 7 -1/2% for Scheduled Tribe candidates. Age is relaxable for candidates belonging to this community. The course will cover all aspects of Higher Yoga, viz. (i) Theoretical/Practical at Katra Vaishnavi Devi, (ii) Yoga Therapy in Yoga Hospital at Jammu, and (iii) Advanced Yogic Research in well equipped laboratories at Mantalai (J & K). Qualifications: (i) Graduate from a recognised University or candidates passed Higher/Senior Secondary Exam. The successful candidates who have joined training after senior secondary will be awarded Diploma certificate and may be absorbed in middle level schools and those who have joined after graduation will be awarded Degree and may be absorbed in Higher/Senior Secondary Schools, (ii) Sound Health, (iii) Upper age limit for the above Yoga course is 25 years. Candidates already passed One Month/Three Months/Six Months diploma Course in Yoga from any recognised institution and are employed or unemployed can also apply and in their case age can be relaxed. Desirable. Knowledge of Sanskrit/Hindi and English languages. Lodging and Tuition fee free. Messing charges will be Rs. 400/ - per month. Messing charges can be relaxed upto 25%, 50% or 75% taking into consideration the cases of poor talented candidates only. Candidates selected for training will deposit Rs. 1000/ - as caution money refundable on completion of the course to the successful candidates who may be absorbed all over India in Kendriya Vidyalays, Schools of States, Union Territories, Delhi Administration and N.D.M.C. new Delhi according to New Education policy of Govt. of India intends to introduce Yoga therein shortly. Applications on plain paper indicating (1) Name (in block letters), (2) Father's/Husband's name, (3) Date of Birth, (4) Address (in block letters), (5) Qualifications, (6) Whether SC/ST, (7) Are you employed? If so give name of the office, post held & total emoluments drawn, (8) Any other information should reach to the Director Vishwayatan Yogashram, Ashok Road, New Delhi latest by 25th August, 1989 accompanied by a recent passport size photograph and a self -addressed 0.60 paise stamped envelope."

(2.) CONSEQUENT upon this advertisement number of candidates applied and some of them were even selected and admitted. It may be mentioned that all the selected candidates had deposited Rs. 1000/ - each as caution money. The Course started on September 15, 1989 at Katra Vaishnavi Devi. However, it was later revealed that it was actually not recognised. This led to the lodging of the First Information Report by one of the students namely Shalinder Bhushan. It was alleged that he and other successful candidates had been falsely made to believe that the Course was recognised by the Ministry of education and Social Welfare, Government of India, though it was not and that on account of deception so practised, the complainant and the other students were cheated of Rs. 1000/ - each which were deposited by them as caution money and that even otherwise their time and energy were wasted. The complaint so lodged, as already noticed, led to the recording of First Information Report against the petitioner under section 420 of the Indian Penal Code. Consequent upon the completion of the investigation challan was filed under section 173 of the Code of Criminal Procedure and admittedly the proceedings were pending before the Metropolitan Magistrate at the time of the filing of the present petition for quashing of the proceedings.

(3.) MR . B.D. Batra, Advocate, who has appeared for the petitioner, has pressed for the relief claimed on the ground that the course in question was actually recognised by the Ministry of Education and Social Welfare (Government of India) and that consequently the petitioner could not be taken to have cheated any one of the successful candidates. In support my attention was particularly drawn to two letters, one of which is of May, 17, 1990 issued by the Government of India, Ministry of Human Resource Development (Department of Education) under the signatures of one S.K. Grover, Assistant Educational Advisor and addressed to the Station House Officer, Police Station Parliament Street. The relevant portion of that letter runs as under : "According to the available information, the institution was running training courses of one month and three months duration during the period when it was being assisted by this Ministry. Since the institution was getting financial assistance from this Ministry for various recurring and non recurring items of expenditure including training programmes, it may be inferred that these training courses enjoy de -facto recognition by this Ministry. This de -facto recognition has not been withdrawn by this Ministry subsequently." The second latter is also from the Government of India, Ministry of Human Resource Development (Department of Education) and was issued under the signatures of K.P. Talwar, Assistant Education Advisor. The relevant portion of the said letter runs as follows : "As explained in para 2 of my letter of even number dated the 19th August, 1985 addressed to your predecessor Sri Riazud Din, both of these institutions namely, G.S. College of Yoga and C.S. of the Kaivalyadham, S.M. Yoga Mandir Samiti Lonavala and the Vishwayatan Yoga Ashram Teacher Training Centre, Katra Vaishanavi Devi (J & K) having been treated as national level institutions for training of teachers in Yoga, are being financially assisted by the Central Government, whereas the G.S. College of Yoga and C.S. has been in receipt of Central Government grants on cover -the -deficit basis from this Ministry, the Vishwayatan Yogashram Teacher Training Centre, is receiving similar grants from the Union Ministry of Health and Family Welfare. Both of these institutions are attracting teacher trainees from different States/UTs of the country. The very fact that both the institutions have been recognised by the Central Government for financial assistance on regular grant -in -aid also through their respective Diploma Courses implies that their teacher training course in Yoga stands recognised by the Central Government. The teacher training courses of these two institutions, therefore, enjoy de facto recognition from the Central Government if not de jure. As such, these two institutions may be treated on a separate footing and their diploma in Yoga treated as an approved qualification for recruitment of yoga teachers in educational institutions vis -a -vis the other Yoga institutions which are offering various types of Yoga training courses. Further since these two institutions are not receiving financial assistance from the respective State Government the later will not accord any such recognition to their training programme. It is precisely for this very reason that the Kendriya Vidyalaya Sangathan and Delhi Administration itself have accepted their Diploma in Yoga as an approved qualification while making recruitment of Yoga Teacher in their respective schools in the recent past."