P ARUL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner has brought forth this petition under the category Public Interest Litigation (PIL), seeking for a writ of mandamus directing the 8th respondent to take over the investigation of crime No. 16/2006 from the file of the 7th respondent and to file the final report within the time frame.

(2.) THE affidavit in support of the petition is perused and also the materials produced by the learned Special Government pleader. Counsel on either side are heard.

(3.) THE case of the petitioner is that he is representing 127 students who were affected and aggrieved by the cheating committed by the 5th and 6th respondents; that they have swindled lot of sums from them; that the 5th respondent did not get approval from the 4th respondent for number of years, but has been running the institution; that the 2nd respondent has been running the technical and diploma courses without any approval by the 4th respondent as per the All India Council for Technical education Act, 1987; that more than 30000 students were cheated by them in the past; that the 3rd respondent was functioning under the control of the 1st respondent; that the 2nd respondent was running the technical and diploma courses through various private agencies like 5th and 6th respondents; that they got various brand names like 5th and 6th respondents; that the 6th respondent has not followed any norms for admission, curriculums, teaching system and examination method, but has issued the mark statement without conducting examinations and in particular not conducting practical examination; that there was no adequate teaching staff, but attractive advertisements were given with misrepresentations, and invariably the students aggrieved have paid Rs. 50000/-, rs. 75000/- and Rs. 100000/- respectively; that the petitioner joined the 6th respondent under the category of Diploma in Hotel Management catering for two years from 2004; that the 6th respondent made a demand for Rs. 59000/-; that he borrowed Rs. 30000/- and paid to the 6th respondent; that the classes were conducted only for a period of six months, and then he came to know about the irregularities; that when he questioned, he was transferred from the 6th respondent to SISI, Vadapazhani Branch, which was also being run under the control of the 6th respondent; that when he met the Principal, he was threatened; that thereafter, a complaint was lodged before the Assistant commissioner of Police on 9. 1. 2006, but without any response; that in the meanwhile, one Tamilarasan lodged a complaint on 15. 4. 2006 before the 7th respondent police; that a case came to be registered in Crime No. 16 of 2006 pursuant to the complaint against the 6th respondent, but nothing has happened till this time; that not only the petitioner, but also number of students in hundreds were cheated by the 5th and 6th respondents; that since after the registration of the case, no steps have yet been taken, these students would require the transfer of investigation from the 7th respondent to the 8th respondent CBI, and hence the petition has been brought forth.