Covering Law & Justice.

Allahabad High Court Grants Interim Protection to University in FIR Over Unapproved Law Courses

LUCKNOW – The Lucknow Bench of the Allahabad High Court has granted interim protection from coercive action to Shri Ramswaroop Memorial University and its officials in an FIR lodged against them for allegedly running law courses without valid approval for the academic years 2023-24 and 2024-25.

A division bench comprising Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi directed that "no coercive steps shall be taken against the University and its authorities" until the next hearing, contingent upon their full cooperation with the ongoing investigation.

Background of the Case

The university and its Registrar, Prof. (Dr.) Neerja Jindal, filed a criminal writ petition seeking the quashing of an FIR registered on September 3, 2025, at Police Station Kotwali, District Barabanki. The FIR was lodged under sections 318(4), 338, 336(3), and 340(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The primary allegation in the FIR was that the university, despite lacking the necessary approval from the Bar Council of India (BCI) for the academic sessions 2023-24 and 2024-25, admitted students into its law programs and conducted examinations. The petitioners sought to quash the FIR and requested a directive to prevent their arrest or any coercive measures during the investigation.

Arguments from Both Sides

Petitioner's Submissions:

Sri Amit Jaiswal, counsel for the university, argued that the sole accused named in the FIR is the university itself, a juristic person, and the Registrar was apprehending arrest in connection with the case. He contended that even if the allegations were taken at face value, the issue was a matter of regulatory compliance under the U.P. Private Universities Act, 2019, and the Advocates Act, 1961, which should not warrant the lodging of a criminal FIR.

Crucially, the counsel presented a letter from the Bar Council of India dated September 3, 2025. This letter not only granted a provisional extension of affiliation for the academic year 2025-26 but also explicitly regularized the admissions made during the disputed period of 2023-24 and 2024-25, subject to compliance with legal education rules. It was also noted that the university has been running its LL.B course since 2013 and BA LL.B course since 2014.

State's Position:

The state, represented by the Government Advocate, took notice of the petition, and the court has directed the state to file a counter-affidavit.

Court's Interim Order and Reasoning

After considering the submissions, the High Court observed that the matter required further consideration. The bench took note of the BCI's letter which appeared to regularize the very admissions that formed the basis of the FIR.

In its order, the court stated:

"Till the next date of listing no coercive steps shall be taken against the University and its authorities in the aforesaid FIR subject to their proper cooperation in the investigation."

The bench underscored the importance of cooperation, making the interim protection conditional. It directed the investigating agency to provide the university with a list of officials required for the investigation within three days. The named officials are mandated to appear before the Investigating Officer on September 16, 2025, and continue their cooperation until the investigation is complete.

The court explicitly warned:

"It is made clear that if the officials of the University do not co-operate in the investigation, the interim protection granted today may be withdrawn on the next date."

Implications of the Decision

This interim order provides significant relief to Shri Ramswaroop Memorial University and its officials, shielding them from potential arrest while the investigation proceeds. The case highlights the judiciary's role in examining the prima facie basis of a criminal complaint, especially when documentary evidence emerges that challenges the fundamental allegations. The final outcome will depend on the state's counter-affidavit and further arguments on the validity of the FIR in light of the BCI's regularization of admissions.

The matter is scheduled to be heard next in the week commencing November 10, 2025.