VIKAS TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. Case diary perused. 1. This is first application filed under Section 438 of the Cr.P.C, by the applicant Vikas Tiwari, who is the Director of Indore Management Institute and Research Centre, Khandwa Road, Indore for grant of anticipatory bail. The applicant is apprehending his arrest in Crime No.443/2010 registered at Police Station Juni Indore, Indore, for an offence punishable under Section 420 of IPC.

(2.) An FIR has been lodged by complainant stating that he is a Head of inspecting group of M.P. Uchchha Shiksha Samiti, Vallabh Bhawan, Bhopal and Professor Chemical Science, Govt. Science and Commerce College Benjir Bhopal. Three member committee of inspection team inspected the Indore Management institute and Research Center. During inspection, they found that one of the course named PDDM (Post Graduate Diploma In Management) is not affiliated by Devi Ahilya Vishwavidhyalaya nor any permission was granted by the said University and Govt. of M.P. The only permission granted is from AICTE (All India Council For Technical Education). It is alleged that the said institution is running the said Course in violation of Section 7 (2) and Section 26 of M.P. Vishwa Vidhyalaya Adhiniyam, 1973.

(3.) A University is basically a body which has power to award graduation or post graduation 'degrees' or 'doctorates'. Such authority has to be conferred by Statute. THE Universities located outside the Sate of Madhya Pradesh have been conferred with the authority to award such degrees etc. either by Centra! Enactments or Enactments of the Legislatures of the States other than Madhya Pradesh. THE 1973 Act has created 8 Universities which are all located in Madhya Pradesh. No other University has been created by or under any other Enactment of the Madhya Pradesh Legislature. 4. Affiliating study-centres or colleges to a University has basically one effect. 5. THE effect is that students studying in such college or study centre affiliated to an University, is treated as a regular student for appearing in the examination held by such University, whereas students studying in a college or study centre which is not so affiliated, is treated as a private student in the University examination.