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2018 Supreme(Manipur) 22
IN THE HIGH COURT OF MANIPUR
RAMALINGAM SUDHAKAR, N. KOTISWAR SINGH, JJ.
KHAIDEM JACKO MEITEI - Appellant
Versus
UNION OF INDIA - Respondent
PIL No. 8 of 2015
Decided on : 22-05-2018
For the Appellant :H. Kenajit, Advocate
For the Respondent:B.P. Sahu, Senior Advocate, Mr. Hyungyo Zingkhei, Advocate, Mr. A. Bimol, Senior Advocate, Mr. S. Sasi, Mr. M. Rarry, Mr. A. Manigun, Advocates and Mr. S. Suresh, ASG
The court emphasized the seriousness of plagiarism, the principles of copyright law, and the importance of maintaining academic discipline and quality.
Headnote:
Plagiarism - Academic Irregularities - Copyright Law - [Ph.D. theses, Manipur University] - [Copyright Act, 1957, Section 13; R.G. Anand v. M/s. Delux Films and Ors. (1978) 4 SCC 118; Eastern Book Company v. D.B. Nodak, (2008)1 SCC 1] - The court addressed the issue of plagiarism in Ph.D. theses, emphasizing the seriousness of the matter and the need to prevent violation of copyright. It cited the Copyright Act, 1957, and legal precedents to establish the principles governing copyright violation and the importance of maintaining academic discipline and quality.
Fact of the Case:
The petitioner filed a PIL seeking an enquiry into alleged plagiarism in Ph.D. theses at Manipur University. The research scholars were accused of replicating a previous thesis, leading to large-scale plagiarism. The UGC received complaints and directed the university to take action, but no response was received. The respondent No. 4 opposed the PIL, denying the allegations and arguing that the petitioner lacked standing and failed to provide English translations of the Hindi documents.
Finding of the Court:
The court found the issue of plagiarism to be of serious concern and emphasized the importance of preventing violation of copyright. It rejected technical objections raised by the respondent No. 4 and directed the Manipur University to conduct an enquiry into the allegations of plagiarism and take appropriate actions within six months.
Issues: Allegations of plagiarism in Ph.D. theses, Lack of response from the university to UGC's directives, Standing of the petitioner, Language translation requirements
Ratio Decidendi: The court emphasized the seriousness of plagiarism and the need to prevent violation of copyright. It rejected technical objections and directed the university to conduct an enquiry into the allegations of plagiarism and take appropriate actions within six months.
Final Decision: The PIL was disposed of with a direction to the Vice Chancellor, Manipur University, to conduct an enquiry into the allegations of plagiarism and take appropriate actions against the concerned persons within six months.
N. KOTISWAR SINGH, J.
1. Heard Mr. H. Kenajit, learned counsel for the petitioner. Heard also Mr. B.P. Sahu, learned Sr. Counsel assisted by Mr. Hyungyo Zingkhei, learned counsel; Mr. A. Bimol, learned Sr. Counsel assisted by Mr. S. Sasi, learned counsel; Mr. M. Rarry, learned counsel and Mr. S. Suresh, learned ASG for the Respondents.
2. The present PIL has been filed seeking for a direction, inter alia, to make an enquiry into the irregularities in Ph.D. theses which were undertaken by Research Scholars under the supervision of the Respondent no. 4 in the Department of Hindi, Manipur University alleging that there had been large scale plagiarism. It is alleged that the petitioner came across certain news item widely published in a local news daily dated 25.01.2013 wherein it was reported that there had been large scale replication of thesis in the Manipur University. Thereafter, the petitioner made certain enquiry on his own from the library of the Manipur University whereupon it was found that many candidates who had undergone Ph.D. courses under the supervision of the Respondent no. 4 had copied from the research work already undertaken by one Dinanath Singh under the supervision of Prof. Jawahar Singh in the year 1997 on the topic "Shivprasad Singh Ke Upanyason Ka Samaj Shastriya Adhyayan". It was alleged that some of the contents and names of the theses were similar except that the name of the authors were different. The petitioner has catalogued such works of plagiarism in para No. 4 of the PIL, relevant portions of which are reproduced herein below:
"4. That, the petitioner feeling disturbed of the news item started following up what was happening and how far the said news item was true. As such the petitioner started visiting the library of the Manipur University and started looking for those theses submitted by the candidates who had done their research work under the supervision of respondent No. 4. The petitioner selected four theses which reflect the same topic but mere changes in the name of the author to understand how the candidates were during their Ph.D under the supervision of respondent No. 4 and also the research work done by Dinanath under the supervision of Prof. Jawahar Singh in the year 1997 of the same topic with different author. The similarities of topics and the plagiarism are as follows:
(A) Topics of the theses are on similar lines except the name of the writer selected for research is changed
(i) Bheeshma Sahani Ke Upanyason Ka Samaj Shastriya Adhayayan, Ph.D.Reg.No. nil, submitted in the year 2001. Manipur University, Library No.2159/SW.
(ii) Kamleshwar Ke Upanyason Ka Samaj Shastriya Adhayayan, Ph.D.Reg.No. 1575/2001, submitted in the year 2005. Manipur University, Library No.2688/SW.
(iii) Abdul Bismillah Ke Upanyason Ka Samaj Shastriya Adhayayan. Ph.D.Reg.No.2126/05, submitted in the year 2008. Manipur University, Library No.3012/SW.
(iv) Mannu Bhandaree Ke Upanyason Ka Samaj Shastriya Adhayayan, Ph.D.Reg.No.2127/05, submitted in the year 2009. Manipur University, Library No.3047/SW.
(v) Shivprasad Singh Ke Upanyason Ka Samaj Shastriya Adhayayan submitted in the year 1997, Manipur University, Library No.1863.
True copies of the topics of the research works are annexed herewith and marked as Annexure-P/3(colly).
(B) The contents/synopsis of two theses are exactly the same.
True copies of the contents of the research works are annexed herewith and marked as Annexure-P/4(colly).
(C) The research scholars have copied huge chunks of subject matter from each other theses.
True copies of the theses which are found to have been copied from each other theses are annexed herewith and marked as Annexure-P/5(colly).
(D) The same matters have been used in two different pages of the same thesis.
True copies of the two different pages of the same thesis containing same matters are annexed herewith and marked as Annexure-P/6(colly).
(E) In the theses, Kamleshwar Ke Upanyason Ka Samaj Shastriya Adhayayan
