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Concealed vital facts regarding University status to escape amenability
VC, Registrar SMVDU misled J&K High Court
1/28/2015 12:34:16 AM
Avinash Azad
ET Report
JAMMU, Jan 27: Crossing all limits of hypocrisy the administration of Shri Mata Vaishno Devi University (SMVDU) Katra reportedly misled Jammu and Kashmir High Court last year, by furnishing wrong information regarding the status of University. This act of University authorities warranted action against the incumbent Vice Chancellor and Registrar of University, who had misled the HC for unknown reasons but so far these officers have escaped any action.
Documents in the possession of Early Times revealed that the University managed to seek judgment in its favour by concealing vital facts in SWP 1815/2008 so that maintainability of Writ Petition against injustice meted out to various aggrieved remained in dispute and anarchy in the University continued.
The judgment obtained by the University has been challenged in Double Bench of JK High Court at Jammu wing in LPASW No: 63/2014 accompanied with CMA 69/2014. Suppression of facts is reflected from the contents of judgment Dated 22nd February 2014 delivered based on the facts misconstrued to the JK High Court and concealment of facts by the University as respondents (VC and Registrar) through its then Legal Counsel that possessed potential of altering the nature of judgment.
The Counsel appearing on the behalf of Vice Chancellor and Registrar in WP 1815/2008 submitted before High Court that SMVD University is private University and did not receive any Grant from the Government of India, the documents revealed.
However, the information that SMVDU is state university, as per UGC records is accessible to general public through its official website wherein it has maintained a separate list of Central, State, Deemed and Private Universities state-wise. The name of SMVD University figures among the State Universities of India by the UGC corresponding to the State of J&K.
"SMVD University was declared eligible to receive financial Assistance by the Central Govt. of India vide Office Memorandum No. 93/2009 (CPP-I) 22nd June 2009 of UGC New Delhi and was thus included in Section 12(B) of UGC Act 1956. The University has actually received grants worth crores of rupees till date", the documents maintained.
It may be noted that once an institution receives aid from Government of India it becomes amenable to the Writ Jurisdiction of the High Court. As per the record with Early Times it is abundantly clear that SMVD University was started by the aid of Government of J&K with initial grant of Rs 1,00,000 and transfer of 1252 kanals and 13 marals of land.
The Government of India has sponsored the establishment of Bio-Informatics Centre at School of Biotechnology. The State Department of Environment and Forest has funded establishment of Herbal Park, while the state Forest Research Institute also approved two projects.
Similarly funds were allocated to the University in various projects by UGC, CSIR, MHRD, AICTE, Department of Science and Technology (DST), Department of Biotechnolgy (DBT) and other Government bodies. The Department of Science and Technology, Government of India (GOI) sponsored, Innovation in Science Pursuit for Inspired Research (INSPIRE), Science Internship Camps at SMVDU with funding exceeding Rs 1.8 cr between 2010-2014.
These all facts were concealed from JK High Court by the University just to find an easy escape from the amenability by the Court by projecting SMVD University as 'private university' that did not receive any grants from Government of India.
Surprisingly one of the documents circulated by the University giving brief introduction of the University, itself clarifies SMVDU as State University and substantiates claim of central Govt. funding by UGC, DBT and DST through its contents, beyond any doubt.
When contacted, Vice Chancellor, Prof SK Jain acknowledged that SMVDU was a state university. However, he refused any further details.
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