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2016 DIGILAW 251 (UTT)

Ashok Kumar Gadiya v. State of Uttarakhand

2016-06-14

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. (Oral) 1. All the petitioners before this Court are Chairperson/Vice-Chancellor, Dean and Controller of Examination of a private University, namely, Mewar University, Chittorgarh, Rajasthan (from hereinafter referred to as ‘University’). Pursuant to the First Information Reports filed against them at Haldwani and Uttarkashi in Uttarakhand, with which we are presently concerned, the petitioners apprehend their arrest and hence approached this Court praying for protection. 2. In some of the cases, interim order was granted. Petitioners are high officials in a private university. Presently the investigation is on, and as per their statement, they are presently cooperating with the investigation. 3. The State has filed its counter affidavit in WPCRL No. 578 of 2016, which has been filed by Jaya Baluni, who is the Investigating Officer of the case, stating therein that under the Central Government Scheme, scholarships are to be distributed to those Scheduled Castes and Scheduled Tribes students, who undergo studies in the University. In order to receive these funds and with the totally mala fide and criminal intention, it is alleged that Scheduled Castes and Scheduled Tribes candidates in Uttarakhand from Utarkashi and Nainital area were enrolled in different courses in the University by the officials and agents of this University. It is further being alleged in the counter affidavit that these students never stepped out from their house and never entered the campus of the University, yet they have been shown as admitted in the hostel of the University, for which an amount of Rs.50,000/- (Rupees Fifty Thousand Only), as a hostel fee, is being claimed for each of these students by the University. A part of the amount has also been withdrawn from the Central Government funds and has been deposited in the different fake accounts of students by the officials of the University in the designated Bank of Ghaziabad i.e. Corporation Bank. 4. It has been submitted by Mr. Sandeep Sharma, Advocate for the petitioners that petitioners have absolutely no knowledge about the incident, and moreover, they are not concerned with the day to day function of the University etc. 5. On the other hand, Mr. 4. It has been submitted by Mr. Sandeep Sharma, Advocate for the petitioners that petitioners have absolutely no knowledge about the incident, and moreover, they are not concerned with the day to day function of the University etc. 5. On the other hand, Mr. Hari Om Bhakhuni, learned A.G.A. for the State has pointed out that the statement of one of the co-accused, namely, Shamim, who was the admission in-charge in the University, that he was asked by Ashok Kumar Gadiya (Vice-Chancellor of the University) to go to Uttarkashi (Uttarakhand) and lure students and get them enrolled in the University so that funds could be received from the Central Government. It has further been alleged that the intention was dishonest and they simply wanted to cheat the Government and its funds, which was actually meant for the benefit of the deprived community of the society. 6. Having heard the learned counsel for the parties, it is clear that in view the seriousness of the matter, no interference is presently being called for in this matter by this Court. Let the investigation go on in accordance with law in which all the petitioners shall fully cooperate. 7. However, it is made clear Investigating Officer/Police, subject to the full cooperation of the petitioners, shall arrest the petitioners only if it is eminently required, on the basis of cogent evidence. This fact must be stated in case the need so arises. This is purely on considerations that the petitioners are Vice-Chancellor, Dean and Controller of Examination of a University. 8. Subject to the above conditions, which the Investigating Officer keeps in mind, the writ petition stands disposed. Interim orders, if any, passed in these matters stand vacated.