The Bombay High Court Tuesday pulled up BJP legislator Sanjay Kelkar for not following due process prescribed by law before filing a public interest litigation. Kelkar, through his organisation Citizen Forum for Sanctity in Educational System, has filed a PIL in the Bombay High Court seeking that a First Information Report (FIR) be lodged against 346 colleges in the state for allegedly submitting false and bogus information.
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The High Court asked if the petitioner had first approached the police seeking to lodge a complaint against the errant colleges. The petitioner’s lawyer said he had not done so.
“You (petitioner) are filing a public interest litigation alleging that others are not following law and indulging in illegal practices but even you have not followed due process of law. You should have first approached the police. If police failed to initiate action then you should have approached the court.”
The bench further held that the petitioner was a member of the Maharashtra legislative assembly and could have raised this issue in the assembly. “Have you made any attempts to do so? First you do your duty and then expect others to do theirs,” Justice Oka said.
The court has posted the petition for further hearing on January 24.
According to the petition, these colleges in connivance with its trust members and principals submitted false, fabricated and bogus information to the All India Council for Technical Education (AICTE) while seeking extension of approval each year.
As per AICTE rules, colleges have to make an online submission of compliance of norms every year based on which their approvals are extended. “The new process was based on trust imposed in the principal and management of the college that they will submit true and correct information,” the petition said.