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2022 DIGILAW 77 (PAT)

Baby Kumari v. State of Bihar

2022-02-07

SANDEEP KUMAR

body2022
Sandeep Kumar, J.—Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Magadh University P.S. Case No. 73/2019 registered for the offences punishable under Sections 406/409/420/467/468/ 471/120(B) of the Indian Penal Code. 3. As per the prosecution case, on 10.10.2018, the orders of affiliation of Siya Balmiki Evening College, Gita Nagar, Nawada was received with recommendation of two members of the syndicate. The College was inspected on various dates beginning from 27.11.2021 till 27.11.2016 and altogether six inspections were done. All the inspection reports were used to be placed before the Statutory Body i.e., Academician Council, Syndicate and Senate and the proposal for approval of affiliation were forwarded to the Higher Education Department, Government of Bihar. The State Government disapproved the proposal for permanent affiliation of the said college from the Session 2017-18 by letter dated 23.07.2018. The letter dated 23.07.2018 was challenged by the College through the petitioner Baby Kumari in her capacity as Secretary of the said College by filing a writ petition vide C.W.J.C. No. 20385 of 2018. 4. This Court on 11.10.2018, directed the State Government to enquire into and as to under what circumstances recommendation was made for permanent affiliation and also whether the students who were admitted in the Evening College were office employees as required under the statute and it was directed that if in the enquiry, any forgery was found to be committed for grant of permanent affiliation then the criminal case was to be registered thereafter the enquiry was conducted and the Two Member Enquiry Committee submitted its report on 22.11.2018 by which various illegalities were pointed out. Thereafter, by the order dated 12.12.2018, this Court directed for deep enquiry and a committee was constituted by the Hon’ble Chancellor who submitted a detail report dated 29.04.2019 pointing out the illegalities. The Enquiry Committee found that the College had no land of its own and the land was on lease and the land was unregistered, the spot verification was not done by the Inspecting Team constituted by the University. The Admission Register, Cash Book, Attendance Register were not inspected. No query was made from the students and no reference was found in the inspection report as to whether there is approach road to the College or not, where the college is situated. The Admission Register, Cash Book, Attendance Register were not inspected. No query was made from the students and no reference was found in the inspection report as to whether there is approach road to the College or not, where the college is situated. There was no reference about the College building and the report of the inspection team was just a table report prepared on the statement of the college members and its Secretary and the F.I.R. was instituted against the members of the Inspection Team and the Principal, namely, Premjeet Kumar (petitioner) and the Secretary Baby Kumari (Petitioner) and others. 5. It has been submitted by learned counsel for the petitioners that Baby Kumari was the Secretary of the College, she is the wife of the Principal, Premjeet Kumar and she has no role to play in the illegalities being committed by the Principal. It has further been submitted that no document whatsoever has been signed by Baby Kumari and she is merely a name lender who has acted upon the instruction of her husband Premjeet Kumar, the petitioner. 6. Learned A.P.P. has not been able to point out any overtact on behalf of the petitioner Baby Kumari. 7. There is no material to show that Baby Kumari was directly involved in the illegal admissions and illegal grant of temporary affiliation to the College. 8. In view of the above, the prayer for grant of bail of the petitioner Baby Kumari (Cr. Misc. No. 7823 of 2021) is allowed. 9. So far as the case of the petitioner Premjeet Kumar is concerned, he is the Principal of the College and he is the main person who has committed the entire fraud. 10. This case has been started pursuant to the order dated 11.10.2018 passed in Cr. Misc. No. 20385 of 2018. The order reads as follows:— “Heard learned counsel for the parties. 2. This writ application has been filed seeking quashing of the letter dated 23.07.2018, vide Memo No. 1284, issued by the Deputy Secretary to the State Government, Education Department, Govt. of Bihar, communicating the decision of rejection of the proposal of the Magadh University to approve permanent affiliation in favour of the petitioner-institution i.e. Siya Balmiki Evening College, Gitanagar, Nawada. 3. In the said communication dated 23.07.2018, it has been mentioned that the College does not fulfil the requirement of land for grant of affiliation. 4. of Bihar, communicating the decision of rejection of the proposal of the Magadh University to approve permanent affiliation in favour of the petitioner-institution i.e. Siya Balmiki Evening College, Gitanagar, Nawada. 3. In the said communication dated 23.07.2018, it has been mentioned that the College does not fulfil the requirement of land for grant of affiliation. 4. It is the case of the petitioner that the College, in question , is running on a leasehold land and it has all necessary infrastructure for running an Evening College. 5. The recommendation so made by the Magadh University for approval of affiliation through communication dated 22.12.2017 has been brought on record, which is part of Annexure-2 series of this writ application. It has been mentioned in the said letter that, based on the recommendation of the ‘Affiliation Committee’, the ‘Academic Council’ the ‘Syndicate’ and the ‘Senate’, the Vice-Chancellor of the University has ordered for grant of permanent affiliation in favour of the College. Accordingly, as required under Section 21(2)(d) of the Bihar State Universities Act, 1976(hereinafter to be referred to as ‘the Act’), the University, through the said letter dated 22.12.2017, had sought approval of affiliation from the State Government . With the said letter dated 22.12.2017, the University appears to have forwarded the proceedings of the meeting of the Senate and the original copy of the inspection report. 6. The letter dated 22.12.2017 indicates that various Bodies of the University i.e. Affiliation Committee, Academic Council, Syndicate and Senate were satisfied that the College in question deserved affiliation. This is to be noted that under the provisions of the Act, it is the University, which grants affiliation. It is the requirement of law under the Act that such decision to grant affiliation cannot be effective till an approval of affiliation is granted by the State Government. 7. Based on the documents supplied to the State Government by the University, while seeking approval of affiliation, it appears from the impugned letter dated 23.07.2018 that various aspects have been considered by the State Government and have been noted in the said letter. 8. From the letter dated 23.07.2018, it appears that in the College, which claims to be an Evening College, there are 2215 students studying in Arts and Commerce streams whereas 3150 students are studying in science stream. Thus, in the said Evening College there are 5365 students already studying. 8. From the letter dated 23.07.2018, it appears that in the College, which claims to be an Evening College, there are 2215 students studying in Arts and Commerce streams whereas 3150 students are studying in science stream. Thus, in the said Evening College there are 5365 students already studying. Indisputably, the College does not have affiliation so far. 9. An Evening College can be started only for the benefit of the office employees and other wage earners at such places, as may be defined by the Syndicate, is the requirement under Article 15 of the Statute relating to admission and exclusion of colleges other than those managed and maintained by the University. Article 15 of the said Statute, being relevant in view of the nature of the order which I intend to pass, is being quoted hereinabelow:— “15.(1) An evening College may be started for the benefit of office employees and other wages earners at such places as may be defined by the Syndicate. (2). The provisions of the above articles regarding grant of affiliation may be relaxed in the following matters in the case of the Evening College:— (a) The security deposit may be reduced up to 50% (b) An Evening College may be allowed to function in the buildings of an existing college or a Secondary School or any other suitable building. (c) An Evening College should be given affiliation in a subject requiring attendance at practical classes only if it arranges for the use of the laboratory of the institution in which it is functioning, provided that adequate requisite facilities exist. (d) No additional provision for library need be made if the institution in which the college is functioning has a suitable library, the use of which is permitted to the staff and students of the Evening College. (e) An Evening College may be allowed to have part-time teachers including retired hands, provided they are otherwise qualified.” 10. As has has been noticed above, which is apparent from the impugned order that there are 5365 students, who are said to be studying in the College. The question is whether all such students are the office employees and other wage earners. Further, if the language of sub-rule(1) of Article 15 is to be taken into account, it is the requirement that an Evening College can be started at such places as may be defined by the Syndicate. The question is whether all such students are the office employees and other wage earners. Further, if the language of sub-rule(1) of Article 15 is to be taken into account, it is the requirement that an Evening College can be started at such places as may be defined by the Syndicate. The question is whether there was any place defined by the Syndicate for the purpose of starting an Evening College for the benefit of the office employees whereafter the College in question was started? 11. I am also of the view that in the absence of affiliation by the State Government under Section 21(2)(d) of the Act, the College could not have offered affiliation. 12. Despite the said position of law and clear stipulation contained in Article 15 of the Statute, the University sought approval of affiliation from the State Government. The Court is of the tentative view that the entire exercise, right from inspection of the College till seeking approval from the State Government by the University under the orders of the Vice-Chancellor is tainted and deserves to be deeply investigated. 13. I accordingly directs the Principal Secretary, Education Department, Govt. of Bihar, to cause an inquiry into the circumstances under which the University came to a conclusion that the permanent affiliation should be granted in favour of the College, in question, with specific reference to the provisions under Article 15 of the Statute, as noted above. The Principal Secretary will also cause an inquiry into the circumstances in which thousands of students have been admitted in the College in question and whether such students are the office employees and other wage earners. If the Principal Secretary, upon the inquiry so caused is of the view that the decision to grant affiliation in favour of the College was taken fraudulently, he shall be obliged to register criminal cases against all persons responsible. 14. Let a copy of this order be sent to the Principal Secretary, Education Department, Govt. of Bihar and the Chancellor of the Universities of Bihar forthwith. 15. Let the matter be treated as a part-heard. 16 List this case under the same heading on 5th of November, 2018. On the said date, the Principal Secretary, Education Department, Govt. of Bihar, will be required to inform this Court about the compliance of the present order. 17. of Bihar and the Chancellor of the Universities of Bihar forthwith. 15. Let the matter be treated as a part-heard. 16 List this case under the same heading on 5th of November, 2018. On the said date, the Principal Secretary, Education Department, Govt. of Bihar, will be required to inform this Court about the compliance of the present order. 17. Let counter affidavits be also filed on behalf of the State Government and the University, in the meanwhile.” 11. No material has been produced by the petitioner to show that the students were employees and other wage earners. Evening College can only be there for the benefit of office employees and other wage earners and it seems that this Evening College was started only to distribute certificates and earn money and 5365 students were admitted in the College. 12. It has been submitted by learned counsel for the petitioners that Premjeet Kumar was, in fact, running the College and all illegal acts were done by him and considering the same, I am not inclined to grant anticipatory bail to Premjeet Kumar and his application for grant of anticipatory bail is rejected. 13. Petitioner Premjeet Kumar is directed to surrender in the Court below within four weeks and pray for regular bail. 14. The application on behalf of the petitioner Premjeet Kumar (Cr. Misc. 23609 of 2021) is dismissed. 15. Accordingly, let the petitioner Baby Kumari (Cr. Misc. No. 7823 of 2021) be released on bail, in the event of her arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Gaya, in connection with Magadh University P.S. Case No. 73/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.