HARI SHANKAR PRASAD, J. - (1.) HEARD learned Counsel for the petitioner as well as learned JC to GP II for the respondents.
(2.) THE instant writ application has been filed for quashing the FIR being Sukhdeonagar P.S. Case No. 615 of 2003 which has been lodged by respondent No. 2. The contention of the learned Counsel for the petitioner is that the petitioner had formed Trust known as Birsa Education Trust which is registered under the Society Registration Act and the main object of the Trust is to establish, acquire, take over place of education for the promotion of knowledge among the people without making distinction of caste, creed and religion and apart from other institute, one Birsa Institute of Technology was established in the year 1999 and purpose of this institute is to give training/coaching to the students for their selection in different technical courses and also the institute is imparting training as recognized by the deemed university as per their direction and norms established by them and up to the satisfaction of the concerned university and its consultant, as appointed by them, courses and examinations are arranged. It is further stated that the institute is doing its work to the full satisfaction of the concerned students, guardians and bodies under which the institute is legally working and no complaint has been received from any corner and the whole purpose of deemed university is to arrange education at different place all over India to educate people technically and also people by these facilities and after passing of the students, degrees and diplomas are granted by them and they are recognized all over India as valid one. It is also stated that all the courses which University authorized the petitioner institution are recognized by UGC and All India Council of Technical Education and there is no allegation from any body that the institute has any where or any way violated the criteria fixed by the universities. It is also alleged that petitioner came to know that the First Information Report was lodged under Sections 467, 468, 471 and 120 -B of the Indian Penal Code and from reading of the FIR, it appears that institute has committed fraudism by imposing itself as a institute for granting technical degree and diploma like any educational institution and accordingly several allegations are made. But all the allegations levelled by the concerned authorities in the First Information Report have got no basis at all. It is also said that after full examination of the matter concerned, no objection certificate was given by the authority concerned (Annexure 1). On 16.4.2003 a letter was issued by the Deputy Secretary of the department by which no objection certificate was granted with the condition that the State Government has no objection to impart education recognized by the Government of India or other institute. Another condition was that the institute will carry on the work as per directions of the Government of India and different institution and institute is imparting education to the students as per guidelines issued by the Government of India and other institutions. It is also submitted that earlier also an FIR was lodged by one of the students and after due investigation, final form was submitted and matter was ultimately dropped and two years after, this FIR has been lodged with the same set of allegation but in the FiR names of the persons from whom complaint were received, have not been mentioned. It is also submitted that an advertisement issued by the institute does not disclose that the institute grants certificate of engineering or diploma etc, but it only imparts training and trains the students for engineering and diploma course and it is nothing more than that and, therefore, a prayer has been made to quash the FIR.
(3.) FROM the counter -affidavit filed on behalf of the respondent No. 2, it appears that Ranchi University team had examined the validity of Birsa Institute of Technology which is said to conducts several technical courses and team found that institute is not affiliated to any recognized university or A.I.C.T.E. and NOC given by the Science and Technology Department cannot be construed recognition of the Department. It is further stated that the institute is registered at Calcutta under the Indian Registration Act, 1908 for carrying on business in the name of Birsa Institute of Technology to run study centre for training in information technology, computer science, engineering, electronics etc. it was further stated that certificate No. 576153 is in Bangla script and no where name of Birsa Institute of Technology is mentioned, it is registered under Bihar Shops and Establishment Act on 7.1.1999 up to 2003 as business organization and not as an educational institution. It is registered under Bihar Government Director of Industries as 551/SSB and it is noteworthy it is registered for doing business and not for imparting education. It is further stated that it has no campus on its own runs only on leased premises and its recognition with Allahabad Agriculture Institute cannot be taken as valid, as info -tech consultant and service providers is a seemingly registered/ non/Government Organization which claims to be a consultant of Directorate of Distance Education AAI. The advertisement embodying name of the department of Science and Technology is misleading. It is further alleged that institute is running course without approval of the A.I.C.T.E. as will be evidence from letter dated 31.12.2003 written by A.I.C.T.E. to the Principle of the Institute (Annexure B). In the inquiry conducted by the home department discloses by its letter that institute is running since 1998 and the institute takes admission on the basis of competitive examination and claims that degree is awarded by I.E.T.E. after examination and fee charged per student is very high. On inquiry form I.E.T.E. it was found that institute has no connection with I.E.T.E. and I.E.T.E. does not delegate its authority to any other institution to award degree or diploma (Annexure B/1) and for distance education, the approval of Distance Education Council is must and Birsa Institute of Technology does not have any approval for running distance education centre by the Distance Education Council. It was also alleged that through misleading advertisement, institute is projecting itself as diploma/ degree awarding institute in question and contents of the advertisement is given herein -below : 'Application are invited to train the Government of India recognized course by department of Education, the Ministry of HRD. Approval by AICTE and Diploma and degree equivalent to State Polytechnic and BE/B -tech course respectively.' ;