Gopal Das vs Gauhati University And 5 Ors

The matter is taken up through video conferencing.

Heard Mr. K.N. Choudhury, learned senior counsel for the petitioner. Also heard Mr. P.J. Phukan, learned standing counsel, Gauhati University, appearing for the respondent Nos.1 to 5.

This Public Interest Litigation was filed by the petitioner on grounds that the anomalies which were committed in the Gauhati University during the period 2010-2017 and for which a Commission of Inquiry was also constituted under the retired Chief Justice of Jammu & Kashmir High Court, Dr. Justice Aftab Hussain Saikia, which had submitted its report in September, 2020, but nothing seems to have happened on that.

On the last occasion, Mr. P.J. Phukan, learned standing counsel, Gauhati University had apprised this Court that University had received the recommendations of the Saikia Commission and these recommendations have also been acted upon.

Today, certain documents have been supplied to us by the learned counsel for the Gauhati University which reveal that on the basis of the eight recommendations of the Saikia Commission, the University has taken action.

Following were the eight recommendations of Saikia Commission:

“1. GU Authorities may approach the State Government for initiating appropriate action(s) against the then Vc(s) of GU, serving during the period 2010-17, being found responsible in terms of the Issue-wise findings recorded in the Report;

GU Authorities may initiate appropriate action(s) itself and/or approach the State Government for initiating appropriate action(s) against the then Director(s) of GUIDOL, serving during the period 2010-17, being found responsible in terms of the Issue-wise findings recorded in the Report;

GU Authorities may initiate appropriate action itself and/or approach the Appropriate Authority(ies) for initiating appropriate action(s) against the then Registrar(s), serving during the period 2010-17, being found responsible in terms of the Issue-wise findings recorded in the Report;

GU Authorities may approach the State Government for directing Investigation(s) to be conducted by Independent Investigating Agency(ies) with professional expertise to enquire and ascertain as to whether there were any fictitious payments, misappropriation of funds of GUIDOL etc. by any person(s) during the period 2010-17 as reflected in the CAG Report;

GU Authorities may Initiate the process of a detailed Investigation itself, if so desired, to find out the actual loss caused by the then Director(s) of GUIDOL during the period 2010-17 pertaining to excess payments of printing materials, payments made as honorarium and for purchase of study materials as indicated in the CAG Report;

GU Authorities may approach the Central Government for a Policy decision to accept the Degree/Diploma/Certificate granted by GUIDOL in respect of the unapproved courses during the period 2010-17, keeping in view the requirement of approval/recognition of DEC/UGC for the courses offered by GUIDOL through ODL mode is for Government employment;

GU Authorities may approach the State Government for a Policy decision to accept the Degree/Diploma/ Certificate granted by GUIDOL in respect of the unapproved courses during the period 2010-17, keeping in view the requirement of approval/recognition of DEC/UGC for the courses offered by GUIDOL through ODL mode is for Government employment;

GU Authorities may approach UGC to grant approval/recognition of all those unapproved courses run GUlDOL during the period 2010- 17 with retrospective effect Keeping in view the career of those students who obtained Degree/Diploma/Certificate on completion of their study in the courses not being approved/recognized by DEC/UGC during the period 2010-17 as required, keeping in mind the accepted maxim ‘quod fiere non debet, factum valet’ (Fact cannot be altered though it should not have been done).”

Following is what has been done by the University on the above recommendations:

“[1] To carry out the Recommendation Nos.1 and 3, against the concerned former Vice Chancellors and former Registrars, the GU EC has resolved to call upon the Government of Assam to take necessary action as none of these former incumbents are presently at Gauhati University (vide following resolution and letters):

· EC Meeting Resolution dated 05-10-2020 and 14-10-2020.

· Letter No.GU/Regr (SF)/2020/197 dated 21-10-2020.

· Letter No.GU/Regr (SF)/2020/210 dated 21-10-2020.

The details of the said former Vice Chancellor and former Registrars along with their present status were sent to the Government of Assam vide Letter No.GU/ Regr(SF)/2021/19 dated 03.02.2021, as per decision of the meeting held with the Higher Education Department on

28.01.2021.

[2] The actions taken as per the Recommendation No.2, against the concerned former Directors of GUIDOL (2010 to 2017):

A. All the said former Directors were dully communicated to make their respective submissions, in the context of said Report of the Commission.

B. The submissions so obtained were placed in the EC Meeting held on 26.02.2021. The EC constituted a committee of 4(four) EC members to examine the submissions and to make necessary recommendation to be executed in this regard.

C. The said committee submitted its report on 31.03.2021.

D. A letter on the Report of Justice Dr. Aftab Hussain Saikia Commission in respect of GU IDOL, bearing no. AHE 590/2018 dated 31.05.2021 from the Principal Secretary to the Govt. of Assam, Higher Education Department was received on 01.06.2021. The letter stated the Government’s view on the matter and advised the Vice Chancellor ‘to start disciplinary action as per provision of the Services (Disciplinary & Appeal) Rules G.U. Act Rules Regulation as applicable to them’ in this regard.

E. The aforesaid report of 4(four) EC members’ committee and the letter received from the Principal Secretary, Higher Education Department were placed in the EC Meeting held on 08.06.2021 online, though the University has remained closed with effect from 28.04.2021 till date, in view of resurgence of COVID-19 pandemic. It is stated that the EC dismissed the matter threadbare and resolved-

i. To draw departmental proceedings against Professor Kandarpa Das, former Director of GU IDOL (19.08.2006 to 31.01.2016) during the relevant period.

ii. To serve a Letter of Censure to Professor (Retd.) Pranab Jyoti Das, who initiated the entire process to stop admissions in the unapproved courses which got started before he joined as the Director i/c of GU IDOL (02.02.2016 to 30.11.2017), but failed to make complete closure of the unapproved courses.

iii. To declare Professor Ashok Kumar Bora, former Director i/c of GU IDOL (05.12.2017 to 02.04.2018) as being not responsible, since no unapproved course was run during his tenure and neither did he admit any student (against such courses).

iv To appoint on Sri Pallab Bhattacharyya, IPS (Retd.) former Chairman of Assam Public Service Commission to draw the Departmental Proceedings against said Professor Kandarpa Das with the present Registrar as the Presenting Officer thereof.

v. The relevant offer letter dated 10.06.2021 has been issued to the said Sri Pallab Bhattacharyya and he has been requested to complete the process within one month. Sri Bhattacharyya has accepted the assignment and has already initiated the said proceedings. It is stated that Charge Sheet has already been drawn against said Kandarpa Das and served upon him duly.

[3] The actions taken as per the Recommendation No.4, regarding approach to the State Government to enquire and ascertain as to whether there were any fictitious payments, misappropriation of funds of GU IDOL etc:

The CAG office has taken up the matter in this connection and they have been carrying out their operations in accordance with the said Recommendation. It is stated that the entire Report of Dr. Aftab Hussain Saikia Commission was already sent to the Chancellor of Gauhati University and the Governor of Assam and to the Commissioner and Secretary to the Govt. of Assam in Higher Education Department, as mentioned hereinabove.

[4] The actions taken as per the Recommendation No.5, to find out actual loss caused by the then Director(s) of GU IDOL:

The GU authorities has been carrying out the financial audit cum inquiry through an Agency with professional expertise (M/s AMD & Associates), which is about to be completed. As intimated by officials from the CAG Office, they have also started carrying out the exercise “to find out the actual loss caused by the then Director(s) of GUIDOL during the period 2010-17 pertaining to excess payments of printing materials, payments made as honorarium and for purchase of study materials as indicated in the CAG Report”. As such the work of the said M/s AMD & Associates as appointed by the University got stalled, since the same set of official documents are being used by both the Agencies. The said Agency has informed recently in writing that in order to facilitate the CAG inspection, it has to stop their activity with effect from 24.03.2021 and it is stated that under the circumstances the University has prioritised the activity of the CAG in this regard.

[5] The actions taken as per the Recommendation Nos.6 and 8, to approach the Central Government/UGC for a Policy decision to accept the Degree, etc. in respect of the unapproved courses, granting approval/recognition thereto:

The GU authorities wrote to the UGC (which is the nodal agency of Central Government in connection with Distance and Open Learning) vide Letter No.GU/Regr (SF)/2020/198 dated 06.10.2020 for retrospective approval of the courses as recommended by the Commission. The entire matter was also communicated earlier to the Chairman, UGC by the Vice Chancellor of GU vide Letter No.VC/GU/06/02 dated

31.01.2020. The University has been pursuing the matter at different levels since then, with the intense expectation that a positive response would be received very shortly in this vital as well as core aspect of the matter.

[6] The actions taken as per the Recommendation No.7, to approach the State Government for a Policy decision to accept the Degree, etc. in respect of the unapproved courses:

The entire Report of the aforesaid Justice Saikia Commission was already sent to the Government of Assam for perusal and necessary action, along with all the Recommendations as incorporated in the said Report including the said Recommendation no.-7 (as mentioned hereinabove).”

The action taken by the Government has also been conveyed to us vide a document filed before this Court, which addresses almost all the issues and the action taken by the University on all the recommendations. Out of the eight recommendations, we have also been informed that a departmental enquiry is being conducted against the Vice-Chancellor, which is in its last stage.

Under these circumstances, there is no fruitful purpose to remain the present Public Interest Litigation pending as all the anxiety of the petitioner have been addressed by the respondent University. Consequently, we close this petition.