Parul University vs Council Of Architecture
2020 Latest Caselaw 3510 Del

$~A-153
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                Date of decision: 23.12.2020
+      W.P.(C) 9694/2020
       PARUL UNIVERSITY                                   ..... Petitioner
                    Through            Mr.Dhaval C.Dave, Sr.Adv. with
                                       Mr.Udit Vyas, Mr.Nikhil Goel and
                                       Mr.Dushyant Sarna, Advs.
                          versus

       COUNCIL OF ARCHITECTURE               ..... Respondent
                    Through Mr.Naveen R. Nath, Adv.

       CORAM:
       HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.(ORAL)
       This hearing is conducted through video conferencing.
CM APPL. No.31009/2020(exemption)
       Allowed subject to all just exceptions.
CM APPL. No.31008/2020
1.     This application is filed praying for an interim relief to stay the
operation of the impugned order dated 25.11.2020 passed by the respondent
whereby the sanctioned intake of the Parul Institute of Architecture &
Research for its B.Arch. course has been reduced from 80 seats to 20 seats
for the present academic year.
2.     The case of the petitioner is that the petitioner- Parul University is a
private university established under the Gujarat Private Universities Act,
2009. The petitioner has 38 constituent colleges within its ambit including
Parul Institute of Architecture & Research. The Parul Institute of




W.P.(C) 9694/2020                                                  Page 1 of 12
 Architecture & Research(hereinafter referred to as the 'Architecture
Institute') was established in 2012-13. The Architecture Institute has
approved capacity of 80 seats. The Architecture Institute has been granted
extension on an annual basis and received its extension of approval for the
present academic year 2020-21 on 16.06.2020 issued by the respondent.
3.     For the purpose of qualifying for admission to B.Arch course and
preparation of merit list of students, the respondent conducts the National
Aptitude Test in Architecture (in short 'NATA') since 2006. For the present
academic year on account of the pandemic, the same was delayed and was
ultimately held on 29.08.2020 and 12.09.2020. Normally, NATA is
conducted physically across identified test centers across India. However, on
account of the present pandemic, NATA was conducted online as a home-
based test with the candidates appearing remotely in the examination from
their residences.
4.     As required by the respondent, it is stated that the petitioner had
advertised about NATA test. Further the petitioner is one of the most
searched institutions in the State of Gujarat. Therefore, the petitioner
received several queries from aspiring students for a career in architecture
and admission prospects at the petitioner. The petitioner, it is stated, uses
this date obtained through these queries for publication and dissemination of
knowledge regarding NATA as permitted by the respondent. For the past
two years, Ar.Harshit Sadh, former faculty member was designated as the
nodal officer for admission related queries at the institute.
5.     On 14.09.2020, the respondent issued a show cause notice to the
Architecture Institute to show cause in relation to the incidents of mass
cheating which occurred during NATA exam held on 12.09.2020 on the



W.P.(C) 9694/2020                                               Page 2 of 12
 whatsapp group created by Ar.Harsit Sadh. On 18.09.2020, the respondent
took a decision to constitute an Enquiry Committee to look into the incidents
of mass cheating during the conduct of the said exam on 29.08.2020 and
12.09.2020. The petitioner was directed not to grant admission to any
student in the Architecture Institute for its B.Arch course for the academic
year 2020-21.
6.     During the pendency of the enquiry, the petitioner terminated the
services of Ar.Harshit Sadh, Ar.(Ms).Namrata Chauhan was suspended
pending formalisation of inquiry findings and Professor (Ar.) Bhagyajit
Rawal was directed to demit his office of Dean, Faculty of Architecture.
7.     Subsequently, after completion of the enquiry, on 02.11.2020, the
respondent issued a show cause notice to the Architecture Institute calling
upon is to show cause as to why the intake of the Architecture Institution
should not be reduced to zero for the academic year 2020-21 onwards and a
penalty of Rs.5 lakhs be not imposed on the Institute. The show cause notice
was also accompanied with a report of Enquiry Committee dated
18.10.2020. Pursuant to a personal hearing on 25.11.2020, the respondent
passed the impugned order reducing the sanctioned intake of the
Architecture Institute from 80 seats to 20 seats for the academic year 2020-
21. Hence, the present writ petition challenging the aforenoted impugned
order dated 25.11.2020.
8.     The respondent have filed its counter affidavit opposing the present
writ petition. Pleadings have been completed.
9.     I have heard arguments on the present application for interim stay. I
have heard submissions of the learned counsel for the parties.
10.    Learned senior counsel for the petitioner has made the following



W.P.(C) 9694/2020                                                Page 3 of 12
 submissions:
i)     He has urged that as per the enquiry report, it is only one particular
faculty member, who was involved in the entire episode. For the misconduct
of a faculty member, it has been urged that the Architecture Institute should
not be penalised.
ii)    That immediately after the event and the enquiry, the petitioner has
terminated the services of the faculty members within 15 days. Hence,
whatever steps the petitioner have to take they have taken.
iii)   It has been strongly urged that the impugned order is disproportionate
to the alleged offence. Due to the misdeeds of the faculty member, the
petitioner has been penalised by reduction of its intake from 80 students to
20 students. The petitioner institute is a self financed institute and the
reduction of intake will severely economically and financially prejudice the
petitioner.
iv)    It has been urged that the enquiry that has been conducted against the
petitioner is vitiated as being contrary to the principles of natural justice and
being not based on cogent material and facts. There is non-application of
mind and even the statements of the students that were relied upon have not
been given to the petitioner.
v)     It has been urged that the only power that is vested for punishment
against the petitioner is under section 20 of the Architect Act, 1972. This
power of withdrawal has to be done by the Central Government and not by
the respondent as done herein.
vi)     It is urged that balance of convenience is in favour of the petitioner
and this punishment in question can easily be postponed for the next
academic year till pendency of the present writ petition. No prejudice would



W.P.(C) 9694/2020                                                  Page 4 of 12
 be caused in that eventuality to the respondent.
vii)   He further relies upon the judgment of a Co-ordinate Bench of the
Bombay High Court in the case of State of Goa v. Union of India, 2008
SCC OnLine Bom 554 to submit that the respondent herein, namely,
Council of Architecture has no powers to reduce seats of an Architecture
College.
11.    Learned counsel for the respondent has taken me through the enquiry
report and the findings recorded to show that there are grave allegations
made against the petitioner university for having helped the students to cheat
in NATA examination which have been proved in the course of enquiry. He
has also pointed out that the respondent has powers under section 21 of the
Architects Act to impose the present penalty.
12.    I may now look at the enquiry committee report dated 18.10.2020 and
other connected documents. The show cause notice dated 14.09.2020 makes
the following relevant averments:
       "It has been brought to the notice of the Council of Architecture
       that Faculty of Architecture, Parul Institute of Architecture and
       Research, Parul University is found to be involved in creating
       and managing a Whatsapp Group named "Parul Entrance
       Awareness" to upload and share the pictures of online Second
       Test of National Aptitude Test in Architecture (NATA) 2020
       held on September 12, 2020, to allow mass cheating for its
       group members during the course of examination.
                                    xxxxx"

13.    The Enquiry Committee Report dated 18.10.2020 notes that it has
come to the notice of the respondent's counsel that during the test in
question the students shared images and took help of unfair means during
the course of examination. Parul University was found to be a major culprit




W.P.(C) 9694/2020                                                Page 5 of 12
 in the cheating. It formed a whatsapp group where some students were found
using mobile phones for doing online cheating/sharing question images.
According to the respondent, they came across the existence of a whatsapp
groups which was created by Parul University and administered by Ar.
Harshit Shaad, one of the Assistant Professors and Ar. Ms.Namrata Singh
intern at Parul University.
14.    The Enquiry Committee made the following observations/findings:
        "1. The Parul University with Architecture Faculty Members
       created a Whatsapp Group with the phone number registered in
       the name of Parul University to help the interested students by
       coaching and guiding them about NATA 2020 examination.

       2. Mass Cheating was conducted by students with the help of
       the faculty members of the Parul University in both the tests by
       posting live answers.

       3. The University failed to conduct any and inquiry and take
       any action against the guilty Faculty members since the
       Whatsapp group was created to help the university in getting
       students who pass the NATA test.

       4. The replies and answers given by the representatives were
       evasive and full facts and not disclosed before the Committee
       by them.

       5. The committee took note on the fact that 35 students who
       were added/participant in the respective PIAR/Parul Awareness
       Group have already found guilty for using unfair means by the
       different Unfair Means committee.

       6. The action taken by the University against the faculty
       members is not sufficient to stop the University and its faculty
       from undertaking such illegal and unethical activities and hence
       the actual beneficiary i.e. the Parul University must be
       penalized,



W.P.(C) 9694/2020                                               Page 6 of 12
        7. A. If recommending a definite punishment alongside the
       further investigation by the cybercrime cell of police, shall not
       be read as pronouncement before completion of conspiracy
       theory trial ...at the 1st stage.

       B. Also it might be difficult to justify how the committee
       reached at the suggested fine amount, since the committee
       members are also of opinion to recommend in reducing the
       intake & registration of an FIR to collect the authenticated
       evidences by investigative agencies to legally sustain the source
       of evidence on which these decisions are taken ..."

15.    The Enquiry Committee gave the following recommendations:
        "RECOMMENDATIONS:
                                      ....

Stage One (Immediate)

1. the Parul University be barred from making any admission to B.Arch. Course for the academic session 2020-21,

2. a penalty of Rs.5.0/- Lakhs ( Five Lacs Only) be imposed them so as to make it a deterrent for any other person/ institution to get themselves involved in such illegal, unethical an criminal activities.

Stage Two ( after getting their report or 2 months or whichever is less)

3. The case for professional misconduct may be filed against Ar.Bhagyajit Rawal, Ar. Harshit Sadh and Ar. Namrata Singh for defaming the profession of Architect; and

4. The University may be directed to complete their internal inquiry in a time bound manner and the report may be submitted to the Council for further consideration and for taking

appropriate action against the erring faculty and to decide the status of the institution for academic session 2021-22 onwards."

The report is signed by the five members who are all architects.

16. The impugned order dated 25.11.2020, after receipt of a response to the show cause notice, concludes as follows:

"The Executive committee, after going through the reply of the university vis-a-vis the report of the Inquiry Committee constituted by the Council and upon hearing the representatives of the University at its online meeting held on November 12, 2020 came to the following conclusions:

1. The Parul University with Architecture Faculty Members created a whatsapp group with the phone number registered in the name of Parul University to help the interested students by coaching and guiding them about NATA 2020 examination.

2. Mass cheating was conducted by students with the help of the faculty member(s) of the Parul University in both the tests by posting live answers. The faculty members(s) of the University were indulged in the facilitating and organizing cheating and use of unfair means in NATA 2020 for candidate in the official group of the University on NATA Test held on August 12, 2020 and September 12 2020.

3. The University failed to conducted any inquiry and take any action against the guilty Faculty member(s), in time, since 'the Whatsapp group was created to help the university in getting students who pas the NATA Test. The university took cognizance only when the Council reported the matter to it. It is incomprehensible to assume that the university was unaware of the illegal activities being undertaken on its official whatsapp group.

4. The replies and answers given by the University or its

representatives were evasive and full facts were not disclosed before the Committee by them or even in the reply dated 04.11.2020.

5. The ultimate beneficiary in the matter is University and the faculty involved seem to have no personal gain out of the same. Therefore, it seems that the faculty is being made scape goat by the university to account for its own failures. Further, it is incorrect to infer that the admissions are beyond the control of the university as they are being managed by ACPC, Gujarat since the students are being oriented to opt for the university during admission process counselling by providing them assistance through illegal means.

6. The students who benefitted from the mass cheating during NATA 2020 Examination have also admitted and corroborated the fact during the course of their hearings before the NATA Inquire Committees appointed by the Council, that the University and its faculty members were involved in the entire episode and they helped the students during examination.

7. The action taken by the University against the faculty member(s) is not sufficient to stop the University and its faculty from undertaking such illegal and unethical activities. It may be mentioned that Parul University, declared as a Private University under Gujarat Private Universities Act, 2009, is itself an independent authority to administer and manage the affairs of the University. The University is also responsible to establish, administer and manage its constituent colleges and centres and is required to supervise and regulate the discipline of students, faculty and staff of the University. However, the University chose not to apprehend, detect and act against such a massive scam being orchestrated by its faculty right under its nose even though it happened on August 29 & repeated on September 12, 2020.

8. Enquiry Report of the university also makes it clear that the faculty and staff was involved in cheating and misconduct directly or indirectly which is an offence.

The Executive Committee further observed that the mass cheating organized on official WhatsApp group of the Parul University has caused serious damage to the sanctity of the NA TA 2020, irreversible loss of goodwill & reputation of the Council of Architecture. The Executive Committee opined that strict action must be taken against the University, on similar lines to those students who were found to be indulging in the unfair means and whose NATA 2020 results were cancelled, to act as a deterrent and to set a precedence for the future. The action is much needed to restore the credibility of NATA Test which is the only national level aptitude test in Architecture for passing Aptitude Test in Architecture for admission to B.Arch. Course to seek admissions in Government as well as Private architectural institutions.

In view of the above, the Executive Committee decided that the intake of the institution in B.Arch. degree course being imparted be reduced to 20 for the academic session 2020-2021, to act as deterrent for Parul University for having indulged in unethical practices through its faculty members to allure and misguide students and helping them in using unfair means to qualify the NATA 2020 on the pretext of admission counselling of students in the Institution and for its failure to exercise proper regulatory and disciplinary control over the faculty and its staff for misuse of its resources and data of students available with the Institution University for organising cheating in NATA 2020."

17. Hence, the impugned order takes a decision that the intake of B.Arch degree course being imparted by the petitioner be reduced to 20 for the academic year 2020-21 to act as a deterrent for Parul University for having indulged in unethical practices through its faculty members to allure and

misguide students and helping them in using unfair means to qualify the NATA 2020 exam.

18. A perusal of the Inquiry Committee Report and the impugned order dated 25.11.2020 clearly shows that grave and serious allegations have been made against the petitioner of having participated in organised mass cheating in NATA 2020-21 exam. The conclusions of facts are based on the enquiry committee report consisting of five architects. They have examined two of the students who were the part of the whatsapp group, namely, Ms.Aditi Pathak and Mr.Aazad Golakia. They also posed questions to Dr.M.N.Patel, Vice Chancellor, Parul University and Professor Rawal, Dean Faculty of Architecture, Parul University. Based on this evidence the aforesaid findings of facts have been recorded. The procedure followed is prima facie fair. In my opinion, at this stage, no prima facie case has been made out to warrant passing of any interim order in favour of the petitioner.

19. A plea has been raised by the learned senior counsel for the petitioner that the respondent does not have any powers to reduce the intake in the college of the petitioner.

20. The learned counsel for the respondent has relied upon section 21 of the Architect Act.

21. I also cannot help noticing the extension of approval granted by the respondents on 16.06.2020 for granting approval for a five year full time Bachelor of Architecture course with an intake of 80 students for the academic year 2020-21 in favour of the petitioner. The last para of the approval dated 16.06.2020 reads as follows:

"The Council reserves the right to carry out surprise inspection of institution at any point of time in order to verify the

compliance made by the institution and to ascertain that the institution is imparting architectural course as per the Norms prescribed by the Council. In case any discrepancy in regard to the information supplied by the institution or non-compliance of the Council Norms is found at any stage, strict penal action shall be initiated by the Council against the institution including withdrawal of approval and/or transfer of existing students to other institutions."

22. Clearly, these are issues which would require a detailed consideration at a later stage at the time of adjudication of the writ petition.

23. I reiterate my view that the allegations made against the petitioner are grave. The petitioner has failed to make out a prima facia case.

24. There is no merit in the application. The same is dismissed. W.P.(C) No.9694/2020

25. List for arguments on 25.02.2021.

JAYANT NATH, J.

DECEMBER 23, 2020/v