Himachal Pradesh High Court
Chander Kant vs State Of Himachal Pradesh on 26 August, 2016
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P. (M) No. 872 of 2016 .
Date of decision: 26.8.2016
Chander Kant. ...Petitioner
Versus
State of Himachal Pradesh. ...Respondent
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1 Yes.
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For the Petitioner: Mr. George, Advocate
For the Respondent: Mr.J.S. Guleria, Assistant Advocate General.
rt ASI Balam Ram, Police Station, Dharmshala,
present along with records.
Tarlok Singh Chauhan J. (Oral).
The petitioner has sought pre-arrest bail in case FIR No. 235 of 2015, dated 5.12.2015, registered at Police Station, Dharamshala, District Kangra, H.P. under Sections 420, 467, 468 and 120-B IPC.
2. Respondent has filed the status report and has also produced the records of investigation.
3. The prosecution story as emerges from the records is that the petitioner was indulging in large scale racketing of issuing various degrees, diplomas and other certificates without having any authority, thereby duping and robbing the innocent students of their hard earned money.
4. The petitioner is running an institute under the name and style of Interactive Education/Interactive Fashion Designing and issuing various mark sheets, advance degrees and diplomas by obtaining amounts ranging from `30,000/- to `2,50,000/-. When confronted with the aforesaid degrees, diplomas etc, the petitioner would bank upon the Empanelment Certificate issued by the Deputy Commissioner, Kangra at Dharamshala in November, 2014, which reads thus:-
Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 15/04/2017 21:05:20 :::HCHP 2 "No.-REE/DSL/SDA/EMP-2014/6002 Office of Deputy Commissioner, Kangra at Dharamshala Dated: Dharamshala, November, 2014 Empanelment Certificate On the recommendation of spot inspection Team under the .
Chairmanship of local Sub Divisional Magistrates, following institute is empanelled under SDA Scheme-2013 as per following conditions:
Name of Training Maximum Male/Female/ Period of Batch & Course & No. of Both Training Time Centre/Institutes Trainee at one Time of Interactive Education 80 Both One One one Top Floor Above PNB Year & Batch 10 Kachahri Adda Two AM to 2 Dharamshala. year PM Fashan Designing' rt You will certify in enrolment certificate of trainees that the applicant is not pursuing any other Higher Education, Training and simultaneously enrolled in a Skill Development Training and maintain & preserve all records viz. attendance register of trainees and faculty, Machinery and equipment, Question papers & Answer Sheets etc. Sd/-
Deputy Commissioner For Kangra at Dharamshala"
5. It is on the strength of the aforesaid certificate that the petitioner would vehemently contend that he had been duly authorized to issue the certificates/diplomas, degrees etc. Even if, the aforesaid letter is taken into consideration, then at best the petitioner was entitled to empanel under the SDA Scheme, 2013, only 80 trainees at one time, that too in one batch for training ranging from one to two years.
6. However, the recovery of large number of certificates during the course of investigation is clear indication of the involvement of the petitioner in the case. The recovery reveals that the petitioner has issued certificates/diplomas/degrees for probably every course. available under the sun, for example, Information and Technology, duration six months, Advance Diploma in Information and Technology, duration fifteen months, Certificate Interactive Fashion Designing, duration fourteen days, Certificate of ::: Downloaded on - 15/04/2017 21:05:20 :::HCHP 3 Achievement, ADIT, course duration fourteen months, Certificate of Achievement in ADIT, course duration one year etc.
7. It prima facie appears that the students were made to believe that .
the certificates/diplomas/degrees are lawful and were thus duped of their money illegally extracted from them, resulting in not only playing with the career of the students, but also cheating them.
8. The unwarranted conduct on the part of the petitioner speaks of volume of his greed and to say the least his action is highly deplorable.
9. It is only when the petitioner had no explanation to offer as rt regards the authority under which the certificates/diplomas/ degrees were being issued, he on 5.8.2016 undertook to refund the fees of all the students, who had been issued such certificates etc. Obviously, the students and parents are entitled to the refund of the entire amount deposited by them along with interest and would also be entitled to compensation for the same, as the petitioner neither had any legal nor a moral right to play with the academic career of the hapless students.
10. However, when the matter was taken up today, the petitioner changed his counsel, who tried to impress upon this Court for adjournment or for waiving the condition of refund of the fees. To say the least, practice of changing counsel is depreciative of the petitioner's conduct.
11. That apart, the petitioner has been running money minting institution by illegally collecting huge sums of money and duping the poor and innocent students and raising his own business empire. All this was done without any legal sanction or authority and the so called degrees and diplomas etc. issued by the petitioner are nothing, but waste papers. It is but a cruel joke that has been meted out to the poor students, thereby the petitioner has played havoc with their lives and career, so much so, that some of the students have even been compelled to give up their education midway, ::: Downloaded on - 15/04/2017 21:05:20 :::HCHP 4 while other are even unable to pay the debts and loan raised for obtaining these certificates/diplomas/ degrees.
12. To say the least, the petitioner has played havoc with the career .
of several score of students and jeopardized their future irretrievably. I have no hesitation in saying that the petitioner has started this venture only with a view to make money from gullible individuals anxious to obtain certificates/ diplomas/degrees with a sustained hope of getting job. It was nothing but a of daring imposture and scul-duggery.
13. It is high time that the State Authorities wake up from deep rt slumber and crack down the mushrooming growth of unnumbered educational institutions, who are openly flouting the law and playing havoc with the several scores of students and jeopardizing their future irretrievably. This evil has to be nipped in the bud. There is no gainsaying that the problem of undesirable number of education institutions does have its semblance and is direct result of active connivance of the authorities and the individuals or so called societies running the education intuitions. In such circumstances, the State Authorities are expected to be vigilant enough and get to the other king-pin(s) who are instrumental in running such instructions.
14. This issue regarding the private institution operating like money minting institutions came up for consideration before me in CWP No. 8789 of 2014, titled Business Institute of Management Studies Vs. State of Himachal Pradesh, decided on 27.4.2016, wherein it was observed as under:-
"47. The private institutions cannot be permitted to operate like money minting institutions, rather it has to be ensured that they comply with all the rules, regulations and norms before they are granted permission to operate within the State of Himachal Pradesh. The innocent people of this State cannot be allowed to be duped any further.
48. History is witness to the fact that it is education alone, which is the backbone of progress of a country. Imparting education can never be equated with profit oriented business as it is neither commerce nor business and if it is so, then the regulatory controls by those at the helm of affairs have not only to be continued, but are also required to be strengthened.::: Downloaded on - 15/04/2017 21:05:21 :::HCHP 5
49. The term 'education' would mean a process of developing and training the powers and capabilities of human being. Over a period of time, education has become a commodity in India. All the genres of society are so overly obsessed with education that it has devalued the real essence of education. Education is no more a noble cause but it has become a business, therefore, .
the paradigm shift, especially in the higher education from service to business is a matter of concern. The commercialization of education has a dreadful effect that is so subtle that it often goes unnoticed.
50. Mushroom growth of ill-equipped, understaffed and unrecognized educational institutions was noticed by the Hon'ble Supreme Court in State of Maharashtra versus Vikas Sahebrao Roundale and others (1992) 4 of SCC 435 and it was observed that the field of education had become a fertile, perennial and profitable business with the least capital outlay in some States and that societies and individuals were establishing such institutions without
51. rt complying with the statutory requirements.
The Hon'ble Supreme Court in Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed. College versus National Council for Teachers' Education and others (2012) 2 SCC 16 while rejecting the prayer of the institutions to permit students to continue in unrecognized institutions, observed that mushroom growth of ill-equipped, understaffed and unrecognized educational institutions has caused serious problems with the students who joined the various courses.
52. It is unfortunate that despite repeated pronouncements by the Hon'ble Supreme Court for over the past two decades deprecating the setting up of such institutions, the mushrooming of schools, colleges, universities, technical boards and institutions continues all over the State at times in complicity with the statutory authorities, who fail to check this process by effectively enforcing the statutory provisions.
53. Judicial notice can also be taken of the fact that there are various advertisements published day in and day out in print as also visual media offering various courses, whereby 8th fail student can appear in 10th class and similarly a 10th class fail student can appear in 12th class. All this unfortunately is happening right under the nose of the State Government. It is difficult to fathom and believe that the functionaries of the State would have no knowledge of the same or would not come across such misleading advertisements.
54. It is not difficult to understand that the education system in India is not only large but is also complex with more than 700 universities (736 as on 30.09.2015-UGCs) and more than 35000 affiliated colleges enrolling more than 20 millions students. In such scenario, the mushrooming of private universities has only led to a cut-throat competition leading to misleading advertisements which can only be termed to be persuasive, manipulative and exploitative to attract the widest possible audience. These institutes trap into their web the innocent, vulnerable and unsuspecting students. Their lucrative and mesmerizing advertisements hypnotize the students only to fall into an ::: Downloaded on - 15/04/2017 21:05:21 :::HCHP 6 unknown world of uncertainties. Some institutes promise hundred percent placement, some claim excellent staff, some claim free wi-fi campus, some promise free transportation etc. But what should really matter is 'education'. This problem is further compounded by the proliferation of coaching institutes which have only made 'education' more dirty and murkier.
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55. The State and the Central Government have enacted various laws to tackle this wide spread menace of commercialization of education and one such step in this regard was the promulgation of the H.P. Private Education Institutions (Regulation) Act, 1997 (for short 'Regulation Act, 1997) and thereafter the H.P. Private Educational Institutions (Regulatory Commission) Act, 2010.
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56. Unfortunately not only the aforesaid statutes are opposed tooth and nail, but the provisions contained therein are implemented more in breach. This would be clearly evident from the fact that though Regulation Act was rt enacted in the year 1997, but the Rules therein came to be finally published only in the year 2003, that too with the intervention of this Court. Despite these rules in place the private education institutions do not comply with the provisions contained therein. The Private Education Institutions including schools do not have the requisite infrastructure, nor do they maintain the accounts and have further failed to constitute the parent teacher associations and as if that was not enough, would charge exorbitant fees.
57. It is shocking that the private institutions have been raising their assets after illegally collecting funds like building fund, development fund, infrastructure fund etc. It is high time these practices are stopped forthwith and there is a crack down on all these institutions. Every education institution is accountable and no one, therefore, is above the law. It is not to suggest that the private education institutions are not entitled to their due share of autonomy as well as profit, but then it is out of this profit that the private education institutions, including schools are required to create their own assets and other infrastructure. They cannot under the garb of building fund etc. illegally generate funds for their "business expansion" and create "business empires".
58. That apart, it is the responsibility of the institution imparting education to set up proper infrastructure for the students and, therefore, the fee charged towards building fund is both unfair as well as unethical.
59. Thus, there is an urgent need for Government intervention, correcting the systematic anomalies or else if commercialization persists and continues to grow unabated, then anything and everything will only be aimed at exploiting and manipulating for profit insofar as the higher education is concerned. It is, therefore, high time that the respondent-State acts responsibly by conducting a fresh investigation of all these institutions.
60. In these given circumstances, the Chief Secretary to Government of Himachal Pradesh is directed to constitute a committee which shall carry out inspection of all the private education institutions at all levels i.e. schools, colleges, coaching centres, extension centres, (called by whatever name), ::: Downloaded on - 15/04/2017 21:05:21 :::HCHP 7 universities etc. throughout the State of Himachal Pradesh and submit report regarding compliance of the H.P. Private Educational Institutions (Regulation) Act, 1997 within three months. Special emphasis and care shall be taken to indicate in the report as to whether the private institutions have the requisite infrastructure, parents teacher associations, qualified staff, whether these .
institutions are maintaining the accounts in terms of Rule 6 and are regularly submitting all the information in the forms prescribed under the Rules and are further charging the 'fee' as approved by the Govt.
61. The Committee shall further report regarding violations being carried out by the educational institutions with respect to the guidelines issued by the UGC from time to time as have otherwise been taken note of in this judgment of and shall be free to report violation of any Act, Rule, statutory provisions, guidelines etc., irrespective of the fact that the same have been issued by the Central or the State Governments.
62. rt The Committee shall also keep in mind the provisions of the UGC Act, UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003, instructions issued by the UGC from time to time, more particularly, the public notices issued on 27.06.2013 and thereafter on 04.06.2015 quoted in extenso hereinabove. It shall specifically report as to whether any University/Deemed University/Institution is offering any programme through open and distance learning (ODL) in gross violation of the policy of the UGC and, at the same time also issuing misleading advertisements by stating that their programmes are recognized.
63. In the meanwhile, the respondent-State is directed to ensure that no private education institution is allowed to charge fee towards building fund, infrastructure fund, development fund etc.
64. In addition to this, the Principal Secretary (Education) is directed to issue mandatory orders to all educational institutions, whether private or government owned, to display the following detailed information on the notice board which shall be placed at the entrance of the campus and on their websites:-
i) Faculty and staff alongwith their qualifications and job experience (profile).
ii) Details of Infrastructure.
iii) Affiliation alongwith certificate (s) of affiliation.
iv) Details of Internship and placement.
v) Fees with complete breakup and details.
vi) Extra curricular activities with complete details.
vii) PTA-with address and telephone numbers of its members.
viii) Transport facilities with details.
ix) Age of the institute and its achievements (if any).
x) Availability of scholarships with complete details.
xi) List of alumni (s) alongwith complete addresses and telephone
numbers.
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The aforesaid information shall also be displayed on the website of all private educational institutions and in case any educational institution is currently not having its own website, the same shall be created within one month and immediately thereafter the aforesaid information would be displayed on the website.
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65. Any violation of these directions shall be viewed seriously and shall constitute contempt of Court order."
15. The petitioner has duped thousands of innocent students under the garb of promising them a bright future and has played not only with their of future, but has even played with their lives. The petitioner has made a quick buck by exploiting these innocent, vulnerable and unsuspecting students. In rt such circumstances, no case for bail is made out and the petition is accordingly dismissed and the interim bail granted on 22.7.2016 is cancelled.
(Tarlok Singh Chauhan), Judge.
26th August, 2016 (KRS) ::: Downloaded on - 15/04/2017 21:05:21 :::HCHP