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Showing contexts for: IIPM in The Indian Institute Of Planning And ... vs M/S Delhi Press Patra Prakashan P. Ltd. ... on 16 February, 2018Matching Fragments
"As per information made available by the University Grants Commission (UGC), 21 Fake Universities have been listed in the UGC list of Fake Universities. The details of such Fake Universities are available on the UGC website www.ugc.ac.in. In addition, the UGC has also informed that Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh and Indian Institute of Planning and Management (IIPM), Qutub Enclave, Phase-II, New Delhi are also unrecognized and functioning in violation of Section 2(f) and Section 3 of the UGC Act, 1956. The High Court of Delhi has given the final decision against the IIPM and advised that acts of the IIPM, Arindam Chaudhari and Malay Chaudhari, constitute a criminal offence of cheating punishable under Section 420 of the Indian Penal Code. To comply with the Court decision, the UGC has lodged FIR against IIPM in the Police Station.
"Before the Delhi High Court, AICTE had contended that prior approval of AICTE is compulsory and mandatory for conduct of a technical course including MBA and Management Course and IIPM had not obtained approval of AICTE and they were not entitled to conduct MBA or management course or claim of doing so.CS(OS) 3354/2015 Page 5 of 9
The petition was disposed of by the Delhi High Court since the counsel for IIPM had admitted that they were not entitled to confer any degree. A finding was recorded that the prospectus showing IIPM as conferring degree was evidently found to be false and misleading and IIPM was restrained from using the word MBA, BBA, Management Course, Management School, Business School or B. School in relation to their courses/programmes and they were asked to prominently display on their website that they were not recognized by any statutory body/authority. Under these circumstances, it would be wholly unjustified and in fact, it will be an abuse of the process of the Court, if the petitioners are subjected to undergo trial. The respondents could not place any document on record even to show what the petitioner had published was wrong. They have no proof to support the claims made by them. The Magistrate while summoning the accused should have made some enquiry as to the foundation of the allegations and should have questioned the complainant asking them to place on record proof with respect to their claim. It accepted the oral statements and issued notice. This Court is of the view that the proceedings pending against the petitioners are nothing but an abuse of the process and in order to meet the ends of justice, the summoning order and the complaint are quashed. The petition is allowed."
14. A Division Bench of this Court in B.Mahesh Sharma Vs. Union of India & Ors., W.P.(C) No.5937/2010 decided on 26th September 2014 has held has under:-
"15. The respondent No.4 IIPM and its Dean Mr. Arindam Chaudhuri are undoubtedly also in violation of the statements given to this Court on 2nd December, 2013 and with which they were ordered to be bound. The senior counsel for the respondent No.4 IIPM in fact had no reply also to the snapshots from the website of IIPM shown to us during the hearing and which are in violation of the said statement, as recorded in the order dated 2nd December, 2013. Neither could the senior counsel for the respondent No.4 IIPM deny that the same were from the website of IIPM nor could inform of any order by which IIPM may have been released from the said statement. The respondent No.4 IIPM, its concerned officials including its Dean Mr. Arindam Chaudhuri are accordingly liable to be proceeded against and punished for such breach of statements in the nature of undertaking given to this Court. However, considering that the said statement is of 2nd December, 2013 and admission only for the year 2014 would be taking place / would have taken place thereafter, we take a lenient view of the matter and, "DIRECT THE RESPONDENT NO.4 IIPM AND ITS RESPONSIBLE OFFICIALS INCLUDING ITS DEAN MR.
16. We however clarify that our having taken a lenient view would not relieve the respondent No.4 IIPM or its officials or Dean Mr. Arindam Chaudhuri from any action which may be taken by any other person who may have been lured by the advertisements made in violation of the statement given to the Court on 2nd December, 2013.
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18. In the face of the admission of the senior counsel for the respondent No.4 IIPM today that the respondent No.4 IIPM is not entitled to confer any Degree, the prospectus issued by the respondent No.4 IIPM showing itself as conferring a Degree, is evidently false and misleading. The respondent No.4 IIPM is not entitled to represent so in any manner directly or indirectly. Further in view of the admission that the respondent No.4 IIPM is not recognized by any statutory body / authority, the respondent No.4 IIPM also is not entitled to directly or indirectly in any manner convey that it is so recognized. Similarly, with respect to foreign Degrees / Institutions also, the respondent No.4 IIPM is required to make a clean breast of the status and to vividly and clearly inform its prospective customers / clients / students thereof, including the status of the said foreign Institutions and/or its Degree or Certificate in the country of its origin and/or to which it belongs.