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.

4. For proper appreciation of the aforesaid allegations and the material on the record, it is necessary to keep in mind the instructions given by the Apex Court in the cases reported as under :-

(i) (2002) 8 SCC 481 [T.M.A. Pai Foundation and Others Vs. State of Karnataka and Ors.],

(ii) (2003) 6 SCC 697 [Islamic Academy of Education Vs. State of Karnataka],

(iii) (1981) 4 SCC 512 State of Kerala v. T.P. Roshana, (This case needs to be read with Rule 5 of the Regulations on Graduate Medical Education, 1997 framed by MCI).

(iv) (1998) 3 SCC 183, Ravindra Kumar Rai vs. State of Maharashtra,

(v) (2012) 10 SCC 770, Rajan Purohit v. Rajasthan University of Health Sciences,

(vi) (2005) 2 SCC 65, Mridul Dhar v. Union of India,

(vii) (2012) 7 SCC 433, Priya Gupta v. State of Chhattisgarh, and

(viii) (2012) 10 SCC 149, Faiza Choudhary v. State of Jammu & Kashmir.

In aforesaid cases, importance of giving admissions on inter-se merit is discussed by the Apex Court. To see that the selection is made on the basis of inter-se merit only, the Apex Court has also discussed the importance of schedule, transparency in admission process. In such cases, action which can be taken against such inst