BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.04.2021 CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.14575 of 2020 M.Lionel Antony Raj : Petitioner Vs.
1.The Chancellor, Madurai Kamaraj University, Raj Bhavan, Chennai.
2.The Vice Chancellor, Madurai Kamaraj University, Madurai.
3.The Registrar, Madurai Kamaraj University, Madurai.
4.The Directorate of Vigilance & Anti Corruption, DVAC, Chennai.
5.The Additional Director General of Police, Crime Branch CID, Chennai. : Respondents PRAYER: Writ Petition filed Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to initiate criminal investigation into the scandals in Madurai Kamaraj University as per the resolution dated 12.09.2020 of the Syndicate of University under Item Nos.104, 45 & 46 and that the investigation has to be conducted by a superior police officer and monitored by this Court.
For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader for RR.1, 2, 4 & 5 Mr.Issac Mohanlal Senior Counsel for M/s.Issac Chambers for R.3 *****
ORDER
(Order of the Court was made by B.PUGALENDHI, J.)
Alleging several irregularities in the conduct of examinations, issuance of certificates, etc., by the Madurai Kamaraj University, the petitioner has filed this writ petition seeking a direction to initiate criminal investigation.
2. A similar writ petition has been filed by one Sakthi Rao in W.P.(MD)No.
8025 of 2020, alleging that fake PSTM certificates are being issued by the Universities. In the said writ petition, this Court went in detail as to the alleged misconducts committed in the Universities, especially, Madurai Kamaraj University and taking note of the seriousness of the issue, by order dated 22.03.2021, issued comprehensive directions, including a direction to the Directorate of Vigilance and Anti Corruption to conduct a detailed investigation. For better appreciation, the relevant directions issued in the said writ petition are extracted hereunder:
"40. ...
(8). The Director of Vigilance and Anticorruption shall constitute a special team headed by a DSP level Officer, preferably, the seventeenth respondent herein, exclusively, for the investigation on the alleged irregularities in the conduct of examinations and issuance of false certificates, including false PSTM certificates, as discussed supra, by Madurai Kamaraj University and shall ensure that the investigation is completed in a time bound manner not more than six months from the date of receipt of a copy of this order. The investigation team is expected to submit a status report before this Court at regular intervals, preferably, by the end of three months period, in sealed cover. A copy of the final report shall also be submitted before this Court in sealed cover.
(9). After completing the investigation in Madurai Kamaraj University, the investigation team shall also extend the scope of investigation and find out any such fraud has been committed in any other Universities in Tamil Nadu.
(10). Needless to state that during the course of investigation, if the investigation team finds the commission of cognizable offence, they are expected to file the final report by including the relevant penal provisions, apart from the provisions of Prevention of Corruption Act."
3. Since a direction has already been issued by this Court directing the constitution of a Special Investigation Team and that the Directorate of Vigilance and Anti Corruption has already seized off the matter, we are not inclined to pass any orders in this writ petition and the same is accordingly, closed. No costs.
[N.K.K.,J.] [B.P.,J.]
29.04.2021 Index : Yes / No Internet : Yes gk To
1.The Chancellor, Madurai Kamaraj University, Raj Bhavan, Chennai.
2.The Vice Chancellor, Madurai Kamaraj University, Madurai.
3.The Directorate of Vigilance & Anti Corruption, DVAC, Chennai.
4.The Additional Director General of Police, Crime Branch CID, Chennai.
N.KIRUBAKARAN, J.
and B.PUGALENDHI, J.
gk W.P.(MD)No.14575 of 2020
29.04.2021
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