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2005 DIGILAW 480 (RAJ)

State of Rajasthan v. Sarita Choudhary

2005-02-14

MANAK LAL MOHTA

body2005
Judgment N.N. Mathur, J.-The learned Additional Advocate General has submitted a compliance report stating that the order dated 112.2004 has been complied with inasmuch as by the order of the State Government dated 2.2005 the services of Shri Govind Ram Bagdiya RAS has been placed on deputation with the JNV University, Jodhpur to work as a Registrar, Mr. M. Mridual learned Sr. Advocate appearing for the JNV University, Jodhpur submits that he has advised the University to accept the same. It goes without saying that the University is also equally bound by the order, as it has been passed in presence of the Counsel for the University and its officiating Registrar Shri R.P. Sharma. It is further submitted by Mr. Mridual learned Sr. Counsel that though there is a practice in vogue for long that the Registrars in all the Universities are appointed by way of deputation from the officers of the State Government irrespective of the fact that there is provision for appointment of Registrar by direct recruitment. 2. Before we notice the compliance report it may be stated that the question involved in the instant special appeal as observed in the order dated 4.2002 is to consider from the wider perspective the role of students Union of Colleges or Universities which can be said to be the laboratory of democratic governance of the country. We look forward the future of the country in the hands of present youth in colleges and the universities. Thus, there is a duty cast on the authorities and teachers concerning the Colleges and Universities responsible for the exemplary good conduct and behaviour of the students in general and office bearers of the Students Union in particular. We look forward the future of the country in the hands of present youth in colleges and the universities. Thus, there is a duty cast on the authorities and teachers concerning the Colleges and Universities responsible for the exemplary good conduct and behaviour of the students in general and office bearers of the Students Union in particular. The three universities namely JNV University, Jodhpur, M.L. Sukhadia University, Udaipur and Maharashi Dayanand Saraswati University, Ajmer were directed to furnish information by way of filing affidavits on the following items:- "The Constitution of the Students Union; Code of Conduct of the Election of the Students Union, if any, how far, they have been complied-with; Representation of the Students in different bodies like Academic Council, Senate, etc.; Programmes prepared by the Students Union showing their role in the field of national integration, progress and developing the Country; Financial Contribution of the Students towards the Students Union Fund, budgeting, control and utilization of the fund; Interference of the Students Union in Examination programme; Role of the Students Union in maintaining the discipline; Details with respect to the violence or misconduct involving the students Union during and after the elections in last three years and efforts made by the Students Union to achieve the objects provided in the Constitution of the Students Union." 3. Out of the three universities, the JNV University, Jodhpur did not furnish the information, as such contempt proceedings were initiated against its Registrar. An assurance was given to the Court that the university willfully cooperate with the proceedings in the instant petition. Be that as it may, this Court by order dated 23rd July, 2002 while directing the State Government to prepare a Common Code of Conduct for the Students Unions of subject universities and their constituent colleges for free, fair and impartial elections, to enforce discipline and to ensure growth of the responsible citizenry for development of the country issued wide ranging directions. This included restricting election campaign within the Campus area, ban on collection of money by the students organization from the public, limiting the election expenses, preparation of election programme, code of conduct for candidates contesting election, complete ban on pasting of any sort of posters or slip of writing of slogans on public hoardings, traffic signals, mile stones etc, carrying of weapon in college or University Campus, prohibition of victory procession outside the Campus, providing fixed space for posters, writing of slogans, platform to the candidates contesting election to deliver speech, oath and affirmation after election. Taking serious view of gross misuse of funds detailed directions were given. Since the direction pertaining to finance is relevant in the present context, as such the same are extracted as follows:- "(xiv) Within three weeks from the date of assuming the office the President of the Union or the Vice President in case of Faculty or college shall submit Character of activities which he/she proposed to undertake during the tenure to the Vice Chancellor/Director/Dean/Principal as the case may be. Following shall be obligatory activities on the part of the Students Union:- .(A) Inter Faculty or Intra Faculty sports competition; .(B) Lecture or essay competition of debate or any other similar activities; .(C) Organising the Seminar, conference, workshop; .(D) Social Service; .(E) Shram Dan within the University Campus; .(F) Programme showing sensitiveness towards the protection of environment of human rights; .(G) Cultural performance; (xv) The Students Union will prepare and present the Budget to the Vice Chancellor or the Principal. There shall be deliberation on Budget as per the existing rules. The authorities shall ensure that appropriate provision is made for each obligatory activities. There shall be ceiling on the expenditure on refreshment, telephone bill, maintenance of office etc. Which in no case shall exceed 10% of the students fund collected in the current session. (xvi) The disbursement of fund shall be made strictly as per the approved budgetary provisions. As far as possible no money shall be paid in hand to any of the office bearers, or student. On submitting the bill the payment shall be made by the office on recommendation of the Advisory Board and approved by the Vice Chancellor/Principal/Director/Dean as the case may be. As far as possible no money shall be paid in hand to any of the office bearers, or student. On submitting the bill the payment shall be made by the office on recommendation of the Advisory Board and approved by the Vice Chancellor/Principal/Director/Dean as the case may be. In a given case where certain amount is advanced to any office bearer, it will be his or her obligation to submit the account within the period specified, in no case later than three weeks. (xvii) In case that an office bearer fails to submit the account:- .(a) his/her name shall be shown in the quarterly magazine as a defaulter. .(b) He/She shall not be permitted to appear in the examination." .4. All the Vice Chancellors of the three Universities, the Secretary, Higher Education, the Collector as well as the Superintendents of Police of the respective districts were directed to ensure the compliance of the orders. The monitoring by way of continuous mandamus soon yielded result. Elections in all the three Universities and Colleges in 17 districts in the State of Rajasthan were held peacefully, free from violence. This has also brought discipline in University and college campus. While two Universities and all other constituent colleges in the State of Rajasthan have complied with the Courts orders, there has been lapse on part of the JNV University, Jodhpur particularly in the matter of finance. It was found that the JNV University, Jodhpur was not following the directions of this Court in the financial matters. In this context, it would be convenient to read minutes of this Court dated 12th July, 2004:- ."As far as JNV University, Jodhpur is concerned, it appears that approximately a sum of Rs. 19 Lakhs was disbursed, which is apparently more than the Students Union Fund of Rs. 6 Lakhs of the year 2002-03. There is also a petition from one Devi Lal claiming himself to be the President of JNV University Students Vigilance Samity, Jodhpur. He has pointed out serious financial irregularities in this regard. The Financial Advisor and the Registrar, JNV University, Jodhpur are directed to submit a detail affidavit as to how the amount beyond the budgetary provision was paid to the students, who ceased to hold the office." .5. Shri R.P. Sharma, Financial Adviser as well as Smt. Prabha Tak, Registrar, JNV University, Jodhpur filed their affidavits. The Financial Advisor and the Registrar, JNV University, Jodhpur are directed to submit a detail affidavit as to how the amount beyond the budgetary provision was paid to the students, who ceased to hold the office." .5. Shri R.P. Sharma, Financial Adviser as well as Smt. Prabha Tak, Registrar, JNV University, Jodhpur filed their affidavits. However, this Court was not satisfied with their affidavits. As such, they were directed to remain present before this Court on 25th August, 2004. The said officers appeared before this Court on 25th August, 2004. The Court passed the order as follows:- ."Pursuant to directions of this Court, Smt. Prabha Tak, Registrar as well as Shri R.P. Sharma, Financial Adviser are present. Mr. R.P. Sharma is not in a position to explain the details of the accounts. A huge amount of Rs. 11,55,000/-and Rs, 4,34,000/-have been given in the hands of students Union in disobedience of the order of this Court dated 23rd July, 2002. Registrar has also produced the record in compliance of our direction. The record be deposited with the Deputy Registrar (Judicial). He shall prepare an inventory of the record and give a receipt of the same. The record shall be kept in safe custody. A notice may also be given to the Principal Secretary (Finance), Government of Rajasthan, Jaipur. He shall depute a team of officers to look into the record and make a report to this Court within a period of six weeks. A copy of this order be sent to the Chief Secretary who shall ensure the compliance of the order of this Court." .6. Shri S.P. Gupta, Principal Secretary, Finance and Planning, Government of Rajasthan filed an affidavit dated 110.2004 stating inter alia that in pursuance of the direction of this Court he has constituted a team comprising of following officers : 1. Director, Treasury and Accounts , Jaipur. 2. Joint Director, Local Fund Audit Deptt., Jodhpur. 3. Assistant Accounts officer, Local Fund Audit Deptt., Jodhpur. 4. Assistant Accounts Officer, Local Fund Audit Deptt., Jaipur. 7. The Finance Secretary along with his affidavit submitted the inspection report. It was noticed that for the Academic Session 2002-03 the President submitted proposed charter of activities with budget provisions of Rs. 5,36,160/-. The budget was approved in accordance with the directions of this Court. However, the Student Union made a demand for Rs. 14.25 Lacs. for organizing an International Youth Festival. It was noticed that for the Academic Session 2002-03 the President submitted proposed charter of activities with budget provisions of Rs. 5,36,160/-. The budget was approved in accordance with the directions of this Court. However, the Student Union made a demand for Rs. 14.25 Lacs. for organizing an International Youth Festival. Shri L.S. Rathore Vice Chancellor at the relevant time directed to make payment to the President to the tune of Rs. 12 Lacs either from PTET surplus fund or private Students Examination fee. The order was not carried out, as certain objections were raised by the Finance Department. The interim Vice Chancellor Shri Khem Raj Chowdhry IAS also raised certain queries. Thus, the payment could not be made, However, subsequently an amount of Rs. 15.90 Lacs was sanctioned. An advance amount of Rs. 15.40 Lacs for organizing the International Youth Festival was given to the office bearers of the Students Union. A cheque in the sum of Rs. 12.09 was issued in the name of Ishwar Balawat, President, Student Union and Rs. 3.00 Lacs cheque was issued to Shri Kishan Bhati. The cheques were not crossed and drawn cash. The Finance Officer of the University commented that there was serious discrepancies including violation of Courts directions. It was also noticed that the vouchers presented by the President, Student Union were manipulated and funds have been drawn fraudulently. The committee has pointed out serious lapses which has led to embezzlment of huge amount. The committee suggested detail administrative/police inquiry. The committee also expressed its opinion that there is violation of the order of the Honble High Court. However, the report was not complete as some of the documents which were with the Dy. Registrar (Judl.) of the High Court were not received by them. Thus, the report has been kept in the Court custody. After receiving the documents from the Dy. Registrar (Judl.) a second report was submitted by the committee. The committee complained that the University has not made available the record of the purchase viz. Tender files, agreement for purchases, work/purchases order, earnest/security money deposit etc. It was further observed that the purchase vouchers bear the stock entries but no stock register was made available to the inspecting team. The University has adopted an attitude of non-cooperation which may constitute contempt. Tender files, agreement for purchases, work/purchases order, earnest/security money deposit etc. It was further observed that the purchase vouchers bear the stock entries but no stock register was made available to the inspecting team. The University has adopted an attitude of non-cooperation which may constitute contempt. When this Court asked Shri R.P. Sharma, Financial Adviser, JNV University, Jodhpur to submit explanation with respect to the complaint made by the team, he pleaded ignorance. He submitted that he was holding the additional charge of Registrar of JNV University, Jodhpur. The Court taking serious view of the matter and considering the facts and circumstances of the case, directed the State Government to appoint a regular Registrar by way of deputation within a period of two weeks. 8. The learned Additional Advocate General submitted a compliance report stating that the State Government by order dated 2.2005 has espoused the services of Shri Govind Ram Bagadiya RAS on deputation to work as Registrar, JNV University, Jodhpur. Apparently there is a gross delay in complying with the order of this Court. An apology is tendered for the delay in compliance of the order dated 112.2004. The delay is condoned. 9. Mr. M. Mridul learned Sr. Counsel appearing for the JNV University makes a statement that the University authorities will fully cooperate with the team investigating the matter to which they are duty bound. We hope and trust that in future the authorities of JNV University, Jodhpur will ensure that the orders of this Court are punctually, faithfully and religiously complied with in letter and a spirit. Strangely the University has filed an application under the following heading, "Preliminary, submissions of the JNV University, Jodhpur in regard to the orders of the Honble Court with a request to make document available." 10. There is no prayer for supply of any sort of documents. An attempt has been made to explain about observations made by this Court in order dated 28.2004 to the effect that a huge amount of Rs, 11,55,000/-and Rs., 4,34,000/- has been given to the Students Union in disobedience of orders of this Court dated 23rd July, 2002. The application is premature and ill-advised. The observation has been made on the basis of material placed before the Court. The entire matter is under investigation. The first two reports are kept under seal cover. The third and final report is awaited. The application is premature and ill-advised. The observation has been made on the basis of material placed before the Court. The entire matter is under investigation. The first two reports are kept under seal cover. The third and final report is awaited. Looking to the seriousness of the matter, in the first report the team has recommended for administrative action or police action or initiation of contempt proceedings. This Court will take appropriate decision at appropriate stage. Though a lot can be said about the explanation given by the University, but we refrain from saying so at this stage as we are awaiting the final report from the team. 11. As regards submission of Mr. Mridul learned Sr. Counsel for the JNV University, Jodhpur to the effect that in all the Universities in State of Rajasthan, there is practice in vogue of appointment of Registrar by way of deputation from the officers belonging to RAS cadre but under the Universities Act there is also provision of appointment by way of direct recruitment. At this stage, we can only say that this aspect shall be considered in right perspective, keeping in view relevant provision of law and in the light of attending circumstances, as and when this Court is called upon to do so, by an appropriate application. 12. List the case after four weeks. A copy of this order be sent to the Secretary, Higher Education, Government of Rajasthan as well as the Registrar, JNV University, Jodhpur.