Allahabad High Court
Mohd Wazid Ali vs State Of U.P. And 03 Others on 11 December, 2019
Bench: Manoj Misra, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 24707 of 2019 Petitioner :- Mohd Wazid Ali Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Sumit Goyal Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the applicant, the learned A.G.A. for the respondent Nos. 1,2 and 3 is perused the record.
The instant petition seeks quashing of the F.I.R. dated 18.9.2019, registered as Case Crime No. 245 of 2019, under Sections 420, 506 I.P.C. at P.S.- Mirzapur, District- Saharanpur.
Before dealing with the prayer made in this petition, it would be appropriate to have background facts of the case.
It appears that an institution by the name of Glocal Medical College, Super Speciality Hospital and Research Center, Mirzapur, District- Saharanpur had been admitting students for M.B.B.S. Course. There came complaints as regards admission of students and the fee charged from them by the institution in which connection some of the students filed Writ-C No. 15248 of 2019 in this Court.
The said Writ-C No. 15248 of 2019, was dismissed by order dated 24.9.2019 which is extracted below:
"1. Heard Sri Ashish Kumar Singh, learned counsel for petitioner and Sri Saif Mohd. Fazal, Advocate for University.
2. This writ petition under Article 226 of the Constitution of India has been filed by 23 petitioners who were students of MBBS Course (Second Year) in local Medical College, Saharanpur. It is alleged that aforesaid College lacks infrastructural requirements and has also failed to satisfy requirement of Medical Council of India, therefore, a mandamus be issued to respondents to shift petitioners from aforesaid College to any recognized Government College after adjusting their fee and take necessary examination.
3. When questioned, learned counsel for petitioner could not dispute that on own merits of petitioners they could not get admission in any Government College and thus given admission in private Medical College, i.e., Resondent-8.
4. Besides, every Medical College, whether private or Government, has specified number of seats sanctioned by Medical Council of India. If seats are already allotted and admissions completed, there is no provision under which any direction can be issued to increase sanctioned seats in respective medical colleges so as to give admission to the students of another College by transfer. Learned counsel for petitioners could not show any provision so as to adjust petitioners in any other Medical College beyond sanctioned strength.
5. Learned counsel for petitioners drew our attention to para 8 of counter affidavit filed behalf of Respondent-5, which reads as under:
8. That the reply of the contents of paragraph no. 3 of the writ petition are that there is no fixed criteria/ policy of the Government of India and as well as MCI regarding the transfer of the students to one college to another college. It is relevant to state here that in view of the representation of the petitioners answering respondent by letters dated 07.06.2019 and 18.06.2019 has made request to department of Health and Family Welfare, Government of India and MCI to issue some guide lines regarding such facts and circumstances which is involved in the present writ petition. A true copy of the letter 07.06.2019 and 18.06.2019 are being filed herewith collectively and marked as a Annexure No. 2 to the affidavit.
6. In view of what is stated by Respondent-5 above, if petitioners so desire, they may approach respondent-Competent Authority for redressal of their grievance but relief as prayed for cannot be granted by this Court in view of discussion made above.
7. Writ petition is accordingly dismissed. Interim order, if any, stands vacated."
It appears, in the meantime, an enquiry was conducted by Up Zila Adhikari Behat, District- Saharanpur and Chief Medical Officer, Saharanpur. The enquiry report was submitted to the District Magistrate, Shaharanpur.
On the basis of the enquiry report, the Superintendent, Samudayik Swasthya Kendra Behat, namely, Dr. Nitin Kadwal, lodged impugned First Information Report alleging irregularities in admission, over charging of fee from students and various other irregularities.
As the impugned First Information Report was lodged on the basis of an inquiry report, we had required the learned A.G.A. to obtain copy of the enquiry report.
Pursuant to our order, the learned A.G.A. has produced the enquiry report dated 2.9.2019.
From a perusal of the inquiry report it appears that in the year 2016 the institution Glocal Medical College was granted conditional approval for an intake of 150 candidates. The enquiry report further reveals that in the First Batch of the year 2016, 91 candidates took admission out of which only 24 were through counselling process whereas the remaining 67 were inducted on management quota without due process.
Enquiry report also discloses that the Medical Council of India had taken a decision to ensure removal of those 67 candidates who were admitted without due process. The report indicates that although fee was charged from the students, in excess of the fee structure,but, neither examinations nor other obligations, were held or fulfilled.
Learned counsel for the petitioner submitted that even assuming that the institution committed irregularities but no offence punishable under the Indian Penal Code would be made out as the appropriate step would be to derecognize the institution.
We do not agree with the above submission because if an institution is not authorized to admit students in any other manner than specified and it admits students in violation of the code and thereafter, fails to fulfil its obligations as a result the students suffer loss and are eventually thrown out, it cannot be said that, prima facie, an offence of cheating is not made out.
The writ petition is, therefore, dismissed.
Copy of the enquiry report produced by the learned A.G.A. shall be kept on record.
Order Date :- 11.12.2019 SY