Om Parkash Soni, Principal vs State of Haryana

Harmohinder Kaur Sandhu, J.

On March 21, 1991, case First Information Report No. 146, under Section 420 of the Indian Penal Code (Annexure P1) was registered against the petitioners who are Principal and Administrator of Lord Shiva College of Pharmacy, Sira, at the instance of respondent No. 2 i.e. Director, Technical Education, Haryana, Lord Shiva College of Pharmacy was affiliated with the State Board of Technical Education, Haryana, in the year 1984 for conducting two years diploma course in Pharmacy. The allegations against the petitioners were that the college had been committing regularities in making admissions, indulging in malpractices of charging heavy capitation/special fee from the candidates; violating instructions issued by the Board and State Government from time to time and making admissions to Pharmacy course at its own level. The petitioners filed this petition under section 482 of the Code of Criminal Procedure for quashing First Information Report Annexure P.1 and all subsequent proceedings, the same being an abuse of process of law.

The petitioners alleged that the college had been granted permission to run the classes of diploma in pharmacy with effect from the Sessions 19831984 under regulation 7 of the Education Regulations framed by the Pharmacy Council of India and the College conducted examinations of the students from December, 1984 till January, 1991. Instructions were imparted in the College and the staff, the equipments provided in the College were as per the standard laid down by the Pharmacy Council of India. The instructions issued by the Board to the various Colleges in Haryana for Centralised Admission for the Sessions 198990, were challenged in this Court vide Civil Writ Petition No. 9981 of 1989 and this Writ Petition was allowed on 5.10.1989. The college in order to safeguard the interest of the interest of the students admitted for the Session 199091 submitted a representation to the Board for regularisation of admission of Diploma in Pharmacy Course and the Chairman of the Board and Minister Incharge, took a decision on April 4, 1991 to the effect that the students already admitted in this College be allowed to sit in examination alongwith others as also to withdraw the legal notice issued to the college. In view of this decision, the First Information Report lost all its meaning and became infructuous as against the College and its Management. Ajay Kumar, one of the students of the College filed Civil Writ Petition No. 8826 of 1991 in which order was passed to the effect that the students admitted in the academic Sessions 199091 were entitled to appear in the examinations commencing from June 26, 1991 and their result was to be declared. The Institution was also allowed to give admission to the students for Sessions 199192 in accordance with law and guidelines laid down by the Pharmacy Council of India/Director, Technical Education, Haryana, vide order dated June, 10, 1991. It was further pleaded that the First Information Report even if accepted as true, did not disclose any reasonable suspicion of the commission of a cognizable offence and continuation of investigation will amount to an abuse of powers of the police.

In the return filed by the respondent No. 1, the allegations made in the petition were controverted. I have heard the counsel for the parties. It was argued on behalf of the petitioners that the main allegations levelled in the FIR related to the committing of irregularities in the admission of the students and charging of heavy capitation fee from the candidates. It was also alleged in the First Information Report that there had been violations of instructions issued by the Board and the State Government but the instructions issued by the Board to the various Colleges in Haryana for Centraliesed Admissions were challenged in a Writ Petition titled Daulat Ram Charitable Trust through its Chairman Versus State Board of Technical Education, Haryana and others and this writ petition was allowed vide judgment reported as 1990 (I) Recent Services Judgment 8. There was, thus no question of violation of any instructions. It was further submitted by learned counsel that the admissions were made for the Session 199091 to safeguard the interest of the students and the College submitted a representation to the Board for regularisation of admission of the students and assured the Board of its full compliance with the Rules and Regulations in future. The students had already appeared in the examinations that commenced from June 26, 1991 and their results have also been declared. The notice that was issued to the College by the Board was withdrawn. The students were quite satisfied with the instructions imparted to them and they had no grievance against the College. In these circumstances, it could not be said that the petitioners were prima facie liable for any offence. These submissions made by ld. counsel are quite valid. A perusal of Annexure P2 shows that Lord Shiva College, Sirsa, made a representation to the Board of Technical Education and to Technical Edu. Minister for regularisation of admissions made for the Sessions 199091. The representation was accepted as the Chairman of the College had given an undertaking that the Institution will observe that Rules and Regulations of the Board of Technical, Education, regarding admissions in future and any type of omission committed by them will not be repeated. The students were allowed to appear in the examinations and the legal notice issued to the Institution was withdrawn, vide order dated April 4, 1991. This fact is not controverted by the learned Assistant Advocate General, who appeared for the respondents that vide order of this Court dated June 10, 1991, passed in Civil Writ Petition No. 8826 of the 1991 titled as Ajay Kumar and others v. The State Board of Technical Education and others, the Institution was allowed to admit the students for the Sessions 199192, in accordance with the guidelines laid down by the Pharmacy Council of India.

The allegations made in the First Information Report even if taken on their face value, do not disclose the commission of any offence as no element of cheating, coercion of dishonesty is involved. The irregularities, if any, committed by the Institution were condoned by the Board and the Minister concerned and in these circumstances, any action of the First Information Report (Annexure P1), will amount to an abuse of process of law.

For the reasons recorded above, I allow this petition and quash the First Information Report No. 140 dated March 21, 1991, registered at Police Station, City Sirsa (Annexure P1), and all subsequent proceedings arising thereform.