RAJENDRA B LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard and also perused the materials on record.

(2.) This petition has been brought for quashing the written report registered at case crime No.312/05 under sections 419 and 420 IPC at P. S. Naini, Allahabad. Simultaneously the liberty of the petitioners is desired to be protected by way of staying their arrest. Allegations have been attributed against Dr. Rajendra B. Lal, Vice-Chancellor of the Allahabad Agricultural Institute - Deemed University (the University) and Prof. A. K. A. Lawrence who are herein petitioners that they have introduced certain technical courses in the University without having approval under All India Council for Technical Education Act, 1987 (AICTE) or the relevant statutes and made fraudulent and dishonest inducement of students to take admission in those courses by making payment of exhorbitant amount of fees. It is said that on account of disgruntled elements the entire trouble has been created in the University. Resultantly on 29 and 30 August, 2005 students of the University went on rampage. They caused much damage to the University properties. The police was also called to preserve tranquility in the University campus. However, the University administration had also to take unpleasant decision to close the University sine die. It is also said that the vague allegations have been attributed against the petitioners and the University to create disturbances in the University and to affect education. It is further contended that the University Grants Commission (U.G.C.) vide the notification dated 15-3-2000 declared "Allahabad Agricultural Institute as Deemed University" under section 3 of the University Grants Commission Act, 1956 (U.G.C. Act, 1956). The team of National Assessment and Accreditation Council (NAAC), which is an organization of the U.G.C. also inspected the University in the month of January 2005 and accredited the courses run by the University as B++, i.e. 80-85%. They have also examined the accounts of the University so as to ascertain the fees receipts from the students and have recorded their satisfaction. It is further contended that the University does not come within the purview of the All India Council for Technical Education Act, 1987 (AICTE Act) so far as the approval of running of the technical courses is concerned as it has specifically been excluded in view of the arrangements made under section 10(k) of AICTE Act.

(3.) This petition is resisted on behalf of the complainant with the contentions that the petitioners themselves are responsible for creating such an unruly atmosphere in the University by defrauding the students and the other authorities. By deception they have given admission to large number of students knowing that the courses are not recognized and by their act and omission they have played with the carrier of students. They have introduced technical courses without having the approval from the appropriate authority. Not only this they are also running Distance Education Study Centers contrary to the guidelines issued by the U.G.C. time and again. They have as many as 991 Distance Education Study Centers in and outside the State, including Nepal. In that way they have amassed huge wealth, which would come to approximately Rs. 2,40,00,00,000/- (Rs. Two Arabs Forty Crores). Further it has also said that the U.G.C. created the status of the Deemed University only for 14 departments but now they have increased the number of courses manifold and now there are 108 courses being run by the University without ensuring infrastructure and teaching facilities. They have not got the approval for the Distance Education Studies Centers from the Distance Education Council or from the U.G.C. It has also been emphasized that the petitioners have violated all norms settled for introducing different courses in the University so is also in the matter of setting Distance Education Studies Centers. It is also said that they have charged exhorbitant fees.