Calcutta High Court (Appellete Side)
Premananda Mukhopadhyay & Anr vs Union Of India & Ors on 8 July, 2025
08.07.2025
Item No.12
Court No.11
Avijit Mitra
MAT 1892 of 2024
with
IA No.CAN 2 of 2024
Premananda Mukhopadhyay & anr.
- Versus -
Union of India & ors.
Mr. Madhu Sudan Sarkar,
Mr. Mousomjit Sarkar,
Mr. S. Mondal
...for the appellants
Mr. Sirsanyo Bandyopadhyay, Sr. Standing
Counsel,
Ms. Tapati Samanta
...for the State respondents
Mr. Partha Ghosh, Ms. Surnanell Das ...for the Union of India Mr. Ratneswar Das, Mr. Vishal Gupta, Mr. Deokant Sharma ....for the respondent nos. 4 to 7 Mr. Anil Kumar Gupta ....for the U.G.C. Mr. Partha Sarathi Mullick ....for the respondent no.16 Pursuant to our earlier order, Mr. Das, learned advocate has entered appearance on behalf of respondent nos. 4 to 7 and Mr. Mullick, learned advocate has entered appearance on behalf of respondent no.16, namely, Mr. Aniruddha Banerjee.
In an earlier order passed on 7 th April, 2025, a coordinate Bench of this Court arrived at a prima facie, finding that the Investigating Officer has not taken note of the public notice issued by the University Grants 2 Commission in January, 2016. By the said notice, UGC informed the public at large and students that IIPM is not a university within the meaning of section 2(f) of the University Grants Commission Act, 1956 and that as per Section 22(3) of the said Act, the IIPM does not have the right of conferring or granting degrees as specified by the UGC and that the said institute is neither entitled to award any UG or PG degree, including BBA/BCA/MBA degree nor it is recognized by UGC.
Records reveal that the Joint Secretary of UGC by a memo dated 30th September, 2014 requested the Commissioner of Delhi Police, Police Headquarters to lodge an F.I.R. against the IIPM. In the brochure issued by the IIPM, there is no information as to whether it was having any tie up or agreement with the Mahatma Gandhi University towards conferment of degree upon the students, who have been admitted by IIPM. In a letter dated 5th December, 2024 it has been stated on behalf of the Mahatma Gandhi University that 'there was no agreement in between IIPM, Kolkata and Mahatma Gandhi University in the 2012-2015.' Neither Mr. Das learned advocate appearing on behalf of respondent nos. 4 to 7 nor Mr. Mullick, learned advocate appearance on behalf of respondent 3 no.16, namely, Mr. Aniruddha Banerjee have been able to answer this Court's query as to whether IIPM had any tie up or agreement with the Mahatma Gandhi University as regards conferment of degree to the students admitted by IIPM. However, fact remains that at the time of admission, Abhishek Mukherjee being the appellant no.2, had to pay an amount of Rs. 18 lakh to IIPM.
In the said conspectus, we direct the respondent nos. 4 to 7 to file an affidavit before this Court disclosing as to whether at the time of admission of the appellant no.2 there was any agreement between IIPM and Mahatma Gandhi University towards conferment of degree upon the students, who have been admitted.
The respondent no.16 is also directed to file an affidavit disclosing his stand.
Let such affidavits be filed by 24 th July, 2025 with copies to the learned advocate-on-record of the appellants.
Mr. Bandyopadhyay, learned Senior Standing Counsel appearing for the State respondents including the Investigating Officer, is also directed to place before this Court on the returnable date, a copy of the 'Original certificate of graduate Diploma in Management in the name of Abhishek Mukherjee of 4 IIPM', as referred to in the final report no.164/16 dated 30th November, 2016.
List the matter under the heading 'For Orders' in the daily supplementary list of this Court on 28 th July, 2025.
(Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)