JAMMU, Mar 3: Taking serious note of rarest of rare institutional fraud, State High Court today upheld the decision of Jammu University to disaffiliate Priyadarshni Institute of Management and Science established and managed by M/s Durga Devi Educational Trust.
Brief facts of the case are that Priyadarshni Institute of Management and Science had obtained affiliation from the University of Jammu for imparting instructions in BBA and BCA. The Jammu University by an order issued by Director College Development Council dated April 25, 2011 disaffiliated the institute for the Session 2011-12 and onwards with a further direction that the institute shall not impart instructions in BBA, BCA, MBA and MCA courses.
The disaffiliation was ordered in terms of Statute 63 of the University Statute and the ground behind disaffiliation was non submission of Registration Returns of the students admitted in BBA/BCA Programme, Part 1st, 2nd and 3rd for the Session 2010-11 to the University and holding of fake examination by the institute on its own.
Moreover, the disaffiliation decision was taken keeping in view the findings of the inquiry committee, which clearly established that Priyadarshni Institute of Management and Science held fake examinations and fake question papers were supplied to the students in examination despite the fact that no examination centre had been constituted by the University in Priyadarshni Institute of Management and Science for any under graduate examination of Part 1st, 2nd and 3rd BCA/BBA for the Session 2010-11.
It was also observed by the inquiry committee that to create an impression of real examination fake flying squads were created who visited the FIMA examination centres for BBA/BCA Part-1. Moreover, fake roll numbers were issued to the students to create an impression of genuineness of examination and thereafter fake marks sheets of the original examination and revaluated results were also distributed to the students.
However, the Priyadarshni Institute of Management and Science challenged the disaffiliation order on various grounds.
During the course of hearing, Senior Advocate Sunil Sethi along with Advocate Ravi Abrol appearing for the petitioner institute submitted that the decision to disaffiliate the institute infracts the principles of natural justice mandated under Clause 8 of Statute 63 of the University Statutes as the inquiry committee did not issue notice of inquiry to the management of the institute and inquiry was conducted at their back.
“The impugned order is illegal and arbitrary for the reason that it has been issued before culmination of the criminal proceedings by the competent court arising in the FIR involving the allegations in question”, Senior Advocate Sunil Sethi said.
However, Advocate Wasim Sadiq Nargal appearing for the University of Jammu dubbed the incident as rarest of rare institutional fraud where Priyadarshni Institute of Management and Science has committed a grave fraud by running a parallel university by holding fake examination and supply fake question papers to the students.
“Violation committed by the institute was of grave nature, which has shaken the confidence of public at large and students in particular so the university was within its right to disaffiliate the institute straightway in terms of Statute 63 Clause 8 in public interest without even issuing show cause notice though in order to give the petitioner institute an opportunity of being heard a show cause notice was issued before taking the decision of disaffiliation”, Advocate Wasim Sadiq Nargal submitted.
After hearing counsels for both the sides, Justice Janak Raj Kotwal observed, “the holding of fake examination and the manner in which it was dramatized has not been denied by the petitioner institute”, adding “as the factual scenario, that is, holding of fake examination in the petitioner institute is not denied, no prejudice can be said to have been caused to the petitioner institute by not issuing notice of inquiry to the promoters/management of the institute”.
“Under Clause 8 of Statute 63 of University Statutes power to accord consideration to the report of the inquiry committee and its recommendations and to take a decision in the matter is conferred on the University Syndicate”, Justice Kotwal said, adding “University Syndicate, which has taken the decision of disaffiliation, undoubtedly is a high level body of experts in the field of education”.
Stating that no fault or arbitrariness can be attributed to their decision having regard to the rarest of the rare incident, which was of the magnitude of not less than a fraud and scandal, the High Court dismissed the writ petition and upheld the Jammu University’s decision to disaffiliate Priyadarshni Institute of Management and Science.