Uttarakhand High Court
WPPIL/147/2022 on 14 November, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
14TH NOVEMBER, 2022
WRIT PETITION (PIL) No. 147 OF 2022
Between:
Abhay Kumar ........Petitioner
and
Union of India and others. ......Respondents
Counsel for the petitioner : Mr. Rajendra Dobhal, learned Senior
Counsel assisted by Mr. Aviral Phartiyal
and Mr. Shubhang Dobhal, learned
counsel.
Counsel for the respondents : Mr. Saurav Adhiakri, learned Standing
Counsel for the Central Government /
respondent No. 1.
Mr. Anil Kumar Bisht, learned
Additional Chief Standing Counsel for
the State of Uttarakhand.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
The petitioner has preferred the present writ
petition seeking the following reliefs:-
"I. Issue a writ, order or direction in the nature of
Mandamus, commanding Respondent no. 1, 2, 3 and 4
to enquire into the matter of fraudulent submission of
data by Respondent no. 6 in its self study report.
II. Issue a writ, order or direction in the nature of
Mandamus, directing Respondent no. 1, 2, 3 and 4 to
take punitive actions against DIT University and the
Government officials involved in case if the Respondent
University is found guilty in the afore prayed enquiry.
III. Issue a writ, order in the nature of Mandamus
directing the Central / State government set a
mechanism and forum where such fraudulent activities
/ practices could be complained against.
IV. Issue a direction in the nature of Mandamus to set
up an SIT to make an inquiry against the fraud
committed by the Officials of Respondent No. 1, 2, 3
and 4 Organizations and thereafter take appropriate
actions against them.
V. Issue a writ, order or direction in the nature of
Mandamus, directing the State / Central Government to
re-examine the accreditations and national ranking that
the Respondent no. 3 and 4 have granted to the
Universities in the past five years."
2. The petitioner has averred that one Advocate A.K.
Sharma had made a complaint in relation to the DIT
University, which was forwarded to the University Grants
Commission (for short the 'UGC') for consideration.
3. It is further stated that the UGC, in turn, forwarded
the said complaint to the National Assessment and
Accreditation Council (for short the 'NAAC') on
16.07.2021.
4. The petitioner discloses that NAAC has informed
Mr. A.K. Sharma on 31.08.2021 that his complaint
against the DIT University alleging submission of false
data in its self-study report stands closed.
5. The petitioner is primarily aggrieved by the said
stand taken by the NAAC. Pertinently, Mr. A.K. Sharma
has not approached the Court. Firstly, we have doubts
about the petitioner's locus standi to maintain the
present writ petition. Secondly, the petitioner's relief is
2
directed against respondent No. 3, which is situated at
Bangalore, Karnataka.
6. We are, therefore, not inclined to exercise our
jurisdiction. The present writ petition stands dismissed
accordingly.
________________
VIPIN SANGHI, C.J.
_____________
MANOJ KUMAR TIWARI, J.
Dt: 14th November, 2022
Rathour
