DB quashes judgment of Single Judge in Priyadarshani Institute case

Excelsior Correspondent

JAMMU, July 6: Division Bench of State High Court comprising Justice Alok Aradhe and Justice Sanjeev Kumar has quashed and set aside the judgment of Single Judge in Priyadarshani Institute of Management case.
The counsel appearing for Priyadarshani Institute of Management submitted that institute was imparting instructions in BBA/BCA courses and in March 2011 it was noticed by the officers of the Jammu University that allegedly fake examination was being conducted in the Institute. Accordingly, Vice-Chancellor constituted a committee which conducted preliminary inquiry in which it was found that fake examination was being conducted in the premises of the appellant.
Later, the institute was de-affiliated for the academic session 2011-12 onwards by the University of Jammu and being aggrieved over this, the appellant assailed the order before the Single Judge, who held that in reply to the show-cause notice, the appellant has admitted a fake examination therefore even if the principles of natural justice are complied with the same would be an exercise in fuitility.
The institute challenged the judgment of Single Judge before the Division Bench, which after considering the arguments of both the sides, has quashed and set-aside the judgment of Single Judge. The DB has directed the Jammu University to supply a copy of the preliminary inquiry report to the appellant and afford an opportunity to the appellant to file reply within the stipulated time limit and thereafter pass an order in terms of Statute 63(8) of the Statutes of the University.
“The appellant would be a liberty to raise an objection with regard to constitution of the committee”, the DB said and said that exercise shall be carried out within a period of two months.