Madhya Pradesh High Court
Akhilesh Tripathi vs The State Of Madhya Pradesh on 2 January, 2023
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 2 nd OF JANUARY, 2023
WRIT PETITION No. 11707 of 2021
BETWEEN:-
ANKITA AGRAWAL D/O RAMESH KUMAR AGRAWAL,
AGED ABOUT 32 YEARS, OCCUPATION: ADVOCATE, R/O
19, KOUSHALYA PLAZA, BEHIND PREMNAGAR POST
OFFICE, NAGPUR ROAD, JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI R.N. TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE CHIEF SECRETARY, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY, MEDICAL EDUCATION,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. COMMISSIONER, MEDICAL EDUCATION
DEPARTMENT, GOVERNMENT OF MADHYA
PRADESH, 6TH FLOOR SATPRUA BHAWAN,
BHOPAL (MADHYA PRADESH)
4. DIRECTOR, MEDICAL EDUCATION,
DEPARTMENT GOVERNMENT OF MADHYA
PRADESH, 6TH FLOOR, SATPRUA BHAWAN,
BHOPAL (MADHYA PRADESH)
5. THE REGISTRAR, MADHYA PRADESH MEDICAL
SCIENCE UNIVERSITY, MEDICAL COLLEGE
CAMPUS GARHA JABALPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/4/2023
11:44:10 AM
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6. THE CONTROL EXAMINATION, MADHYA
PRADESH MEDICAL SCIENCE UNIVERSITY,
MEDICAL COLLEGE CAMPUS, GARHA JABALPUR
(MADHYA PRADESH)
7. MINDLOGICX INFRATEC LIMITED THROUGH ITS
AUTHORIZED SIGNATORY SHRI SUDHIR KUMAR
S/O SHRI RAJESH KUMAR, AGED ABOUT 30
Y E A R S , OCCUPATION: ASSISTANT PROJECT
MANAGER, HAVING ITS REGISTERED OFFICE AT
10/1B, GRAPHITE ROAD, HOODI WHITEFIELD,
BENGLURU, (KARNATAKA) LOCAL OFFICE AT
M.P. MEDICAL SCIENCE UNIVERSITY, NETAJI
SUBHASH CHANDRA BOSE MEDICAL COLLEGE
CAMPUS, JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ASHISH ANAND BERNARD - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENT NOS. 1 TO 4, SHRI KUNAL THAKRE - ADVOCATE FOR
RESPONDENT NOS. 5 & 6, SHRI SHASHANK SHEKHAR - SENIOR
ADVOCATE WITH SHRI BHOOPESH TIWARI - ADVOCATE FOR
RESPONDENT NO.7 AND SHRI SANJAY K. AGRAWAL - ADVOCATE FOR
INTERVENOR)
WRIT PETITION No. 11870 of 2021
BETWEEN:-
ARVIND MISHRA S/O LATE AMBIKA PRASAD MISHRA,
AGED ABOUT 44 YEARS, R/O 1027/4, STATE BANK
COLONY, INDIRA GANDHI WARD, GARHA, DISTT.
JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.N. TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE CHIEF SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH, ADDITIONAL
CHIEF SECRETARY GOVERNMENT OF MADHYHA
PRADESH, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
3. MOHAMMAD SULEMAAN, ADDITIONAL CHIEF
S E C R E TA R Y BHOPAL, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN,
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/4/2023
11:44:10 AM
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BHOPAL (MADHYA PRADESH)
4. C O M M I S S I O N E R , MEDICAL EDUCATION
DEPARTMENT, GOVERNMENT OF MADHYA
PRADESH, 6TH FLOOR SATPUDA BHAWAN,
BHOPAL (MADHYA PRADESH)
5. MR. NISHANT BADBADE, COMMISSIONER
MEDICAL EDUCATION GOVERNMENT OF
MADHYA PRADESH, 6TH FLOOR SATPUDA
BHAWAN, BHOPAL (MADHYA PRADESH)
6. DIRECTOR MEDICAL EDUCATION GOVERNMENT
OF MADHYA PRADESH, 6TH FLOOR SATPUDA
BHAWAN, BHOPAL (MADHYA PRADESH)
7. MRS. ULKA SHRIVASTAVA, DIRECTOR MEDICAL
E D U C AT I O N GOVERNMENT OF MADHYA
P R A D E S H , 6TH FLOOR SATPUDA BHAWAN
BHOPAL (MADHYA PRADESH)
8. THE VICE CHANCELLOR, M .P.M .S.U. MEDICAL
COLLEGE, JABALPUR (MADHYA PRADESH)
9. THE REGISTRAR, M.P.M.S.U. MEDICAL COLLEGE,
JABALPUR (MADHYA PRADESH)
10. THE CONTROL EXAMINATION, M.P.M.S.U.
MEDICAL COLLEGE JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI ASHISH ANAND BERNARD - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENT NOS. 1 TO 4, SHRI KUNAL THAKRE - ADVOCATE FOR
RESPONDENT NOS. 8, 9 & 10, SHRI SHASHANK SHEKHAR - SENIOR
ADVOCATE WITH SHRI BHOOPESH TIWARI - ADVOCATE FOR
INTERVENOR)
WRIT PETITION No. 16788 of 2021
BETWEEN:-
AKHILESH TRIPATHI S/O SHRI D.N. TRIPATHI, AGED
ABOUT 45 YEARS, OCCUPATION: RTI ACTIVIST, R/O 588
ANAND COLONY BALDEVBAGH, JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI R.N. TIWARI - ADVOCATE)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/4/2023
11:44:10 AM
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AND
1. THE STATE OF MADHYA PRADESH THROUGH
CHIEF SECRETARY MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH
ADDITIONAL CHIEF SECRETARY MANTRALYA
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY MEDICAL EDUCATION
DEPARTMENT MANTRALYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
4. COMMISSIONER, MEDICAL EDUCATION
DEPARTMENT STATE OF M.P., 6TH FLOOR,
SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
5. SUPERINTENDENT OF POLICE, POLICE
HEADQUARTERS DISTRICT JABALPUR (MADHYA
PRADESH)
6. M.P. MEDICAL SCIENCE UNIVERSITY THROUGH
REGISTRAR, MEDICAL COLLEGE CAMPUS,
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ASHISH ANAND BERNARD - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENT NOS. 1 TO 5 AND SHRI KUNAL THAKRE - ADVOCATE
FOR RESPONDENT NO. 6)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
The subject matter involved in all these petitions is one and the same. Hence, the prayer sought for in Writ Petition No.11707 of 2021 is narrated herein below:
"(i) That an independent enquiry should be conducted by an agency like C.B.I. or an independent agency like S.T.F. so that all the things and corruptions which are prevailing in the University will come out.Signature Not Verified
(ii) That the respondents are directed to take immediate Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/4/2023 11:44:10 AM 5 action on the complain given by the petitioner to the authorities which is also annexed with this petition as Annexure P-1.
(iii) That the enquiry which is being done by the University at the instance of the State Government that report should be produced before the Hon'ble Court so that it will clarify that the finding are matching with the allegations made by the petitioner in her complaint Annexure P-1.
(iv) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."
2. In terms of the order dated 04.10.2021, a committee was constituted by the State vide order dated 14.10.2021 to look into the allegations made by the petitioners. They have submitted a report dated 16th June, 2022. The copy of the recommendations was also given to the learned counsels. The committee consisting of a former Judge of this Court, the Additional Director General of Police, Cyber Crime, the Vice Chancellor, Rajeev Gandhi Prodhyogiki Vishva Vidhyalaya Bhopal and two other expert members have made the recommendations as follows:
"(i) The State should consider to make suitable arrangement by making amendment in Act 2011 for posting of capable, experienced and otherwise fit officers from even other departments if necessary to run and man the University in terms of Act, Statutes and Ordinance.
(ii) The IT company engaged by the University to conduct the examination should be made responsible for all steps right from admission to declaration of the results of examinations of all students.
(iii) The University must ensure safety and integrity of all the data and due diligence with prevalent and reasonable security measures both in procedures as well as software in order to avoid any fabrication or modification of the data. It also must ensure that all data related to students has Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/4/2023 11:44:10 AM 6 multiple back-ups and complete ownership so as to secure itself from any loss of data by actions/in-actions of outward agencies and unforeseeable contingencies.
(iv) The ease of working in the system should be ensured to avoid harassment to the students. The University should promote the usage of ICT (Information and Communication Technology) to ensure zero contact/faceless student support system.
(v) Committee recommends the use of government provided/recommended email services for official communications.
(vi) The university needs to be more stringent, careful and strict while awarding affiliations to various colleges so that the quality of medical education in the country is not compromised.
(vii) All possible steps/measures be urgently taken by the University to declare all pending examinations results."
3. In view of the same, it is for the State to consider the recommendations and deal with it in an appropriate manner in accordance with law.
4. Learned counsel for the petitioners submits that in view of the recommendations made, the petitions may be disposed off as such.
5. Ordered accordingly.
6. Pending interlocutory applications, if any, are disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/4/2023
11:44:10 AM