AMARIKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has sought for quashing of FIR No. 106/2022

(2.) The backdrop of the FIR is that a proposal came to the State Government on 12/3/2021 for establishing a private University named as Gurukul University at Sikar in the State of Rajasthan. The proposal was from trustee of Gurukul Educational Society. The said proposal contained the details of availability of requirements with specific documents of land in possession of Gurukul Educational society. The State Government has already issued executive directions dtd. 26/7/2007 giving guidelines for establishment of private universities. Under guideline No. (4), the State Government on receipt of the proposal and the project report for establishment of a university shall constitute a committee consisting of such members as may be specified by it to examine the proposal and the project. Accordingly, the State Government constituted a committee under the chairmanship of Professor I.V. Trivedi, Vice Chancellor, Govind Guru Tribal University. The aforesaid committee submitted its report dtd. 19/6/2021. Considering the report of the committee, the State issued letters of intent to Gurukul Shikshan Sanshtan on 2/7/2021 with specific information required to be furnished by the Gurukul Shikhshan Sansthan. Accordingly, the Gurukul Shishan Sansthan submitted a report on 15/9/2021. Thereafter in accordance to guideline (11) on receiving the compliance report, the State Government constituted another committee, headed by the petitioner and other members to verify the compliance report. The order of the State Government dtd. 29/9/2021 contains specification of task to be performed by the new committee. The petitioner has stated in para 8 of the petition as follows:

(3.) On presentation of the report by the committee headed by the petitioner, a bill was introduced in the Vidhan Sabha after compliance of the required procedure for establishment of a private University namely Gurukul University in the State. The discussion on the bill was held on 22/3/2022. During discussion, some alarming facts were brought to the notice of the house, especially non-availability of land or building at the proposed place of the university. Thereafter, State Government constituted an enquiry committee headed by the Divisional Commissioner, Jaipur. The committee after giving opportunity of hearing to all concerned, submitted report dtd. 1/4/2022. The enquiry committee reported that the committee headed by the petitioner colluded with the Gurukul Educational Institution and just to give wrongful gain to the University, presented a false verification report to the State Government. The committee of the petitioner had reported that there is one chunk of land measuring 80.31 acres possessed by the Gurukul. The committee headed by the petitioner misrepresented that the said agricultural land was already converted for institutional and health services purpose. In fact, such conversion was effected on 25/11/2021. The committee headed by the petitioner wrongly submitted that building of the University is already complete with all required faculties. In fact, the so called 80.31 acres of land was divided into two pieces and situated in two different Tehsils and the distance between the two places was 28 Kms. In fact, Gurukul Educational Society had only eight acres of land which was much less than the required for opening and running a University. Before a small building of the Gurukul Educational Society, the petitioner and other members of the Committee got photographs to substantiate that the society had sufficient building to run a university. The committee has wrongly reported that buildings in different blocks were there to cater the need of the University as administrative block, academic block. etc. etc. Thus the committee headed by the petitioner prepared a false document. Accordingly, the impugned FIR was lodged against the petitioner and other members of the committee as well as person involved in placing proposal for the private university.