ZAHID ZAHEER Vs. STATE OF MAHARASHTRA AND ORS
HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA AND ORS
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T.V. Nalawade, J. -
(1.) Both the proceedings are filed under section 482 of Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.' for short) for relief of quashing of F.I.R. No. 417/2017 registered in City Chowk Police Station, Aurangabad for the offences punishable under sections 420, 467, 468, 471 and 34 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and also for the offences punishable under sections 3 and 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fees) Act, 1987 (hereinafter referred to as 'the Act' for short). Both the sides are heard.
(2.) The applicant of the first proceeding is the Principal of Y.B. Chavan College of Pharmacy, Aurangabad and the college is run by Maulana Azad Educational Trust. The applicant of the second proceeding is working as the Principal of Maulana Azad College of Arts, Commerce and Science, Aurangabad. The applicant of the second proceeding is also the Secretary of the aforesaid institution and the institution runs many colleges. It is minority institution.
(3.) In F.I.R. given against the applicants, one Chisti Habib Ahemad has made allegations against the applicants of the two proceedings and the allegations are as under :-
(i) For academic year 2016-17 when Pharmacy Council of India had given permission to pharmacy college of the applicants to admit only 100 students, for the first year of B. Pharm course, they admitted 19 more students to make money and they have made money by giving illegal admissions.
(ii) From the students of B. Pharm course, illegally money is collected in the name of advance fees for all the four academic years and that way, there is breach of provisions of the Act against capitation fees.
(iii) Admission is given to less meritorious students in B. Pharm course by the applicants, accused and for doing so, they avoided to follow the proper procedure for giving admissions.
(iv) From the less meritorious students, to whom by illegal mode admission is given, more money is taken and mostly from them fees is taken in advance.
(v) To achieve the object of making money, illegal and false record of admission is prepared by the accused and false information was supplied to various authorities by the college and the authorities are :
(a) Deputy Director of Technical Education, State Government (competent authority),
(b) Dr. Babasaheb Ambedkar Marathwada University Aurangabad,
(c) Pravesh Niyantran Samiti (Admission Regulatory Committee),
(d) Shikshan Shulk Samiti (Fees Regulatory Committee),
(e) Pharmacy Council of India (F.C.I) and All India Council of Technical Education (AICTE).
(vi) The students of Ph.D. course are also given admissions illegally in aforesaid manner.;
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