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(15.10.2014) Following Order of the Court was delivered by SUNIL KUMAR SINHA, Actg. CJ.

1. The Petitioners herein are the Office Bearers of the Eastern Institute for Integrated Learning in Management CrMCs 17/2013, 18/2013, 22/2013, 23/2013 & 24/2013 (EIILM) University. They are the three accused persons among the twelve in General Register Case No.119/2013, u/Ss.406, 420, 467, 120B/34 IPC, pending in the Court of the Chief Judicial Magistrate (South & West), Namchi, which arises out of FIR No.51/2012 of Jorethang Police Station of District South Sikkim. The Petitioners have prayed for quashing of the proceedings of the said criminal case, FIR No.51/2012 and the entire charge-sheet filed against them.

2. The facts, briefly stated, are as under: -

2.1 The EIILM University (in short, the University) was established by the Government of Sikkim vide notification No.GOS/DTE/2005/VIII(14)/100 dated 26.05.2006 enacting "Eastern Institute for Integrated Learning in Management, University, Sikkim Act, 2006 (hereinafter referred to as the Act of 2006). It was granted approval by the University Grants Commission (UGC) vide letter No.F-9-19/2007 (CPP-1) dated 22.07.2008. The documents filed with the charge-sheet would show that Distance Education Council (in short, DEC) had accorded recognition to the University for one year only, i.e. 2009-10, for conducting 3 programmes through distance mode, i.e. B.A. CrMCs 17/2013, 18/2013, 22/2013, 23/2013 & 24/2013 (Hospitality & Tourism), B.C.A. & M.B.A. The said recognition has expired in September, 2010.

10. That apart, the most important feature is that these courses related to engineering were being run through distance education mode. The contents of the charge-sheet CrMCs 17/2013, 18/2013, 22/2013, 23/2013 & 24/2013 would show that many complaints in this regard were sent to the competent authorities. It is writ-large on record that the DEC had accorded recognition to EIILM University for one year only, i.e.2009-10 and for offering three programmes through distance mode, i.e. B.A. (Hospitality & Tourism), BCA and MBA, that is to say that except the above three programmes, the University was having no permission from the DEC for other programmes, however, it was running many courses through distance mode. In this regard, the Indira Gandhi National Open University (in short, IGNOU) had issued a letter of warning to accused O.B. Vijayan, Pro-Vice Chancellor, EIILM University on 07.05.2012. The complaints were to the effect that the University has entered into agreement with collaborators, which have further opened many centres. Copies of the various advertisements, website domains advertising one sitting degree/one year degree etc. were also sent to the concerned authorities, which were found misleading.

14. The prosecution has made allegations that the University, in fact, was running various study centres by playing fraud and mis-representation. It comes in the statements of various National coordinators that the CrMCs 17/2013, 18/2013, 22/2013, 23/2013 & 24/2013 authorities of the University told them that they had permission and recognition from the DCE to run above courses through distance education mode, whereas such permission or recognition was never granted to the University for running the courses for which they were directed to take admissions of the students through distance mode. The statement of Naveen Jindal would show that he was Public Relations Officer of a Trust, namely, Swastik Charitable Educational Trust, which was registered under the relevant provisions, in Bhatinda, Punjab. He had signed MOU with EIILM University on 26.07.2010 with Mr. O.B. Vijayan, the Vice Chancellor and Ms. Mini Juneja, Director of Distance Education and they gave him information that all the programmes offered by the University were approved by UGC and DEC. This was also reflected in the MOU. After signing on the MOU, they paid a sum of Rs.10 lakhs to EIILM University through the account of the Trust. A month later they received a copy of the MOU signed by the officials of EIILM University, i.e. Col. (Retd.) Alok Kumar Bhandari, Registrar of the University. Thereafter, they started the work according to the rules CrMCs 17/2013, 18/2013, 22/2013, 23/2013 & 24/2013 and regulations prescribed in the MOU. They had 437 Admission Counseling Centres of EIILM University. He stated in clear words that till the date of recording his statement, around 50,000 students had passed through Swastik Educational Charitable Trust with Degree/Diploma of EIILM University Sikkim. This was position with one of the coordinators. The prosecution came with the case that it was able to trace out 17 such National coordinators, who were running thousands of Centres like that and unauthorized degrees and diplomas were issued to the lakhs of students after realizing huge amount in the above manner. The statements of the National coordinators and many other witnesses recorded u/Ss. 161 and 164 C.P.C. would show that the accused persons had mis-represented before them that they had all recognitions from DEC for running distance courses in accordance with the relevant provisions and they were also having recognition from other authorities like UGC etc., whereas, as stated above, there was no permission to the University except for the above three courses, which also was lapsed after one year, i.e. 2009-2010 batch in the above three disciplines.