IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 5312 of 2011(L) -------------------------------------- PETITIONER(S): ------------------------ 1. PRASAD.A, PARAKKAL HOUSE, CHULANNUR P.O, PALAKKAD 678 574. 2. JOBBIN FRANCIS,NEDUMKALLEL HOUSE, KALLOORKADU P.O,MUVATTUPUZHA ,ERNAKULAM. 686 668. 3. LEENSE MATHEW, MOOZHIKATTU HOUSE, KURUMULLOOR P.O,KOTTAYAM. 686 632. 4. MANIKANTA RAO NAKIRIKANTI,S/O.RAJA RAMAKRISHNA RAO, 16-5-13,MOSQUE STREET, PONNUR 522 124,GUNTUR DT, ANDHRA PRADESH. 5. GEORGE THOMAS, LOURDE VILLA, NEAR SB HIGH SCHOOL,CHANGANACHERY 686 101,KOTTAYAM. 6. RAGITHA.E, SREERAG NIVAS,THALAMUNDA, KOODALI P.O, KANNUR. 7. LITJI ROSE,PUTHENVEEDU, CHERTHALA P.O, ALAPPUZHA. 688 524. 8. MRS.ANJALI SUNIL DANEKAR, F-8 SHIVNAGARI,BEHIND EKALVYA POLYTECHNICAL COLLEGE, KOTHRUEL P.O, PUNE -20. 9. AMIT SINGHAI,C /O.DOLOROSA PEREIRA, RADHA APARTMENTS,FLAT NO.BS-4, AMBAJIM ROAD, FATORDA,MADGAO,STATE OF GOA. 10. BIBHU DATTA MOHANTY, NILADRINGAR, BALIMELA,MALKANGIRI,STATE OF ORISSA. 11. M.V.RAJENDRA,S/O.M.V.RATHNAM,W1/194, MULAGUNTAPADU,SINGARAYAKOND (PO), PRAKASHAM (DIST),PIN 523101, ANDHRA PRADESH. 2/- -2- WP(C)NO.5312/2011 12. T.SUMAN,S/O.T.VAMSHSEEDHAR, HOUSE NO.4-1-22, KOTHURJANDA,WARANGAL (DIST),ANDHRA PRADESH 13. V.ANJAN KUMAR,S/O.V.EDUKONDALU, LINGAM GUNTALA, AGRAHARAM P.O, NARASARAO,GUNTUR (DIST)ANDHRA PRADESH 14. S.SUBHASHINI,KNR PATTA (PO), ANAKAPALLI,VIZAG (DIST),ANDHRA PRADESH. BY ADV. SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA RESPONDENT(S): --------------------------- 1. INTER-ED FACULTY OF CLINICAL RESEARCH- INDIA PVT.LTD., REGD.OFFICE 39/2583,DIWANS ROAD, COCHIN 682 016,REP.BY IT'S M.D. ANIL JOSEPH. 2. ANIL JOSEPH,MANAGING DIRECTOR, INTER-ED FACULTY OF CLINICAL RESEARCH- INDIA PVT.LTD., REGD.OFFICE 39/2583,DIWANS ROAD, COCHIN- 682 016. 3. ANITHA ANIL,DIRECTOR, INTER-ED FACULTY OF CLINICAL RESEARCH- INDIA PVT.LTD., REGD.OFFICE 39/2583,DIWANS ROAD, COCHIN 682 016. 4. SUNIL JOSEPH, INTER-ED FACULTY OF CLINICAL RESEARCH- INDIA PVT.LTD., REGD.OFFICE 39/2583,DIWANS ROAD, COCHIN 682 016. 5. THE BANK OF INDIA, HEAD OFFICE, STAR HOUSE,C-5, 5 BLOCK,BANDRA-KURIA COMPLEX, BANDRA (EAST),MUMBAY -400 051,REP.BY IT'S CHAIRMAN. 6. THE BANK OF INDIA,ERNAKULAM BRANCH, SHANMUGHAM ROAD,ERNAKULAM-31, REP.BY ITS CHIEF MANAGER. 3/- -3- WP(C)NO.5312/2011 7. THE BANK OF INDIA, KARVE ROAD BRANCH, PUNE-411 004,STATE OF MAHARASHTRA,REP.BY IT'S CHIEF MANAGER. 8. THE STATE OF KERALA,REP.BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM.695 001 9. INSPECTOR GENERAL OF POLICE, I.G.OFFICE, ERNAKULAM.-31 10. CENTRAL BUREAU OF INVESTIGATION, REP.BY IT'S DIRECTOR, BLOCK NO.4, CGO COMPLEX, LODHI ROAD, NEW DELHI 110 003. R1 TO R4 BY ADV.SRI.ANIL XAVIER SRI.M.SHAHEED AHMAD SRI.M.RISHIKESH SHENOY SMT.K.INDU (POURNAMI) SRI.GEORGE POTHAN POOTHICOTE R6 BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) R8 & R9 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA R10 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5312/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ADMISSION LETTER ISSUED BY IFCR TO THE 1ST PETITIONER. P2 COPY OF THE SCHEME OF THE EDUCATION LOAN FRAMED BY THE RBI P3 COPY OF THE SCHEME OF THE STAR EDUCATION LOAN FRAMED BY THE 5TH RESPONDENT BANK. P4 COPY OF THE INTRODUCTION LETTER ISSUED BY THE 1ST RESPONDENT FOR APPROACHING THE BRANCHES OF THE 5TH RESPONDENT FOR OBTAINING EDUCATION LOAN. P5 COPY OF THE AGREEMENT DATED 18/12/2006 ENTERED INTO BETWEEN THE 4TH PETITIONER AND THE 1ST RESPONDENT COLLEGE REGARDING THE ASSURANCE IN RESPECT OF THE STUDY. P6 COPY OF THE HALL TICKET FOR EXAMINATION ISSUED TO THE 4TH PETITIONER APPEARS TO BE ISSUED BY YCIT. P7 COPY OF THE COURSE COMPLETION CERTIFICATE DATED 01/05/2008 STATING THAT THE STUDENT HAS COMPLETED THE COURSE OF PGDCR. P8 COPY OF THE COMMUNICATION AND REPORT REGARDING YCIT ISSUED BY THE MINISTRY OF TRAINING COLLEGES AND UNIVERSITIES, GOVERNMENT OF CANADA. P9 COPY OF THE NEWS RELEASE DATED 27/07/2007, WHICH APPEARED IN THE INTERNET STATING THAT YCIT'S RECOGNITION WOULD BY REVOKED BY THE MINISTRY. P10 COPY OF THE REPLY DATED 12/03/2010 ISSUED BY THE 6TH RESPONDENT BANK, IN RESPONSE TO THE QUERY OF THE PETITIONERS 1 TO 6,STATING THAT THE PROMOTER OF PEC IS NONE OTHER THAN THE PROMOTER OF YCIT. P11 COPY OF THE LETTER DATED 11/06/2010 ISSUED BY THE BANKING OMBUDSMAN STATING THAT THE COMPLAINT OF THE PETITIONERS HAS BEEN FORWARDED TO RBI FOR FURTHER ACTION. P12 COPY OF THE REPLY DATED 30/11/2010 OF RBI SENT TO THE 1ST PETITIONER AFFIRMING THE ALLEGATIONS RAISED BY THE PETITIONERS AGAINST THE BANK AND IFCR. P13 COPY OF THE COMMUNICATION DATED 04/04/2008 ISSUED BY THE COMPETITION BUREAU,MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES STATING THAT SINCE ALL FRAUD ACTIVITIES ARE DONE IN INDIA THEY ARE NOT IN A POSITION TO TAKE ACTION AGAINST IFCR. 2/- -2- WP(C)NO.5312/2011 P14 COPY OF THE REPLY DATED 19/08/2009 RECEIVED BY THE 4TH PETITIONER FROM CANADIAN INFORMATION CENTER FOR INTERNATIONAL CREDENTIALS STATING THAT YCIT AND PEC ARE FAKE INSTITUTIONS AND THE GOVERNMENT OF CANADA IS NOT AWARE ABOUT A COURSE BY NAME PGDCR. P15 COPY OF THE CONVOCATION CERTIFICATE ISSUED TO THE 1ST PETITIONER (APPEARS TO BE ISSUED BY PEC) P16 COPY OF THE POSTAL ACKNOWLEDGMENT DUE CARD WHICH SHOWS THE RECEIPT OF 2ND COMPLAINT OF THE PETITIONERS BY THE REGISTRAR OF COMPANIES, ERNAKULAM. P17 COPY OF THE LETTER DATED 08/06/2006 OF THE 6TH RESPONDENT BANK SOLICITING THE STUDENTS FO IFCR FOR AVAILING LOAN. P18 COPY OF THE DETAILED COMPLAINT 04/04/2010 ALONG WITH COPIES OF EXT P1 TO P15 LOADGED BY THE PETITIONERS 1 TO 6 BEFORE THE 8TH RESPONDENT. P19 COPY OF THE COMPLAINT DATED 23/07/2010 SUBMITTED BEFORE THE HOME MINISTER OF KERALA AND ITS REPLY DATED 08/12/2010 FROM ASSISTANT COMMISSIONER OF POLICE ERNAKULAM. P20 COPY OF THE POSTAL RECEIPT ISSUED AGAINST THE COMPLAINT OF PETITIONERS 11 TO 14 WHICH SENT TO THE 8TH RESPONDENT. P21 COPY OF THE COMPLAINT DATED 09/12/2010 BY THE 1ST PETITIONER WHICH SENT TO THE CHIEF MINISTER OF KERALA FOR CBI INVESTIGATION ALSO COPY OF THE POSTAL RECEIPT IN THIS REGARD. P22 COPY OF THE COMPLAINT DATED 03/12/2010 FILED BY THE 1ST PETITIONER BEFORE THE 10TH RESPONDENT AND ITS DUE RECEIPT ISSUED BY THE OFFICE OF THE 10TH RESPONDENT. P23 COPY OF THE NEWS PAPER REPORT DATED 25/11/2010 REGARDING THE ARREST OF THE GENERAL MANAGER OF THE 5TH RESPONDENT BANK BY CBI REGARDING LOAN SCAM. P24 COPY OF THE RELEVANT PAGES OF BROCHURE OF PEC RESPONDENT'S EXHIBITS: R1(A) COPY OF THE CERTIFICATE OF REGISTRATION DATED 07/03/2008 OF ISO 9001:2000. R1(B) COPY OF THE CURRICULUM OF YCIT. R1(C) COPY OF THE CURRICULUM OFFERED BY IFCR. 3/- -3- WP(C)NO.5312/2011 R1(D) COPY OF THE MOU DATED 28/11/2008 MADE WITH AFRAS ACADEMY FOR BUSINESS COMMUNICATION. R1(E) COPY OF THE FORMET OF APPLICATION FORM DATED 15/01/2007, SUBMITTED BY THE 3RD PETITIONER. R1(F) COPY OF THE SOME APPRECIATION LETTERS ISSUED BY SOME MAJOR CLINICAL INDUSTRY GROUPS. R1(G) COPY OF THE LETTER DATED 20/07/2010 BY THE GULF MEDICAL UNIVERSITY. R1(H) COPY OF THE BIODATA OF THE 5TH PETITIONER. R1(I) COPY OF THE LIST OF SOME IFCR STUDENTS AND DETAILS OF THEIR PLACEMENT. R1(J) COPY OF THE LETTER DATED 10/09/2007 OF YCIT R1(K) COPY OF THE INTIMATION DATED 23/04/2007 ISSUED BY THE ADMINISTRATOR, PRIVATE TRAINING SCHOOLS, DEPARTMENT OF EDUCATION, PRINCE EDWARD ISLAND. R1(L) COPY OF THE SAMPLE SANCTIONING LETTERS OF LOANS BY VARIOUS BANKS TO IFCR STUDENTS. /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- W.P (c) No. 5312 OF 2011 ------------------------------------------------- DATED THIS THE 9th DAY OF AUGUST, 2011 JUDGMENT Heard learned counsel for the petitioner. Petitioner has filed this writ petition for the following prayers. (a) issue a Writ of Mandamus or any other order or direction to the 10th respondent to investigate the issue involved in this case by an efficient officer of that agency. (b) issue any other Writ or any other order or direction, as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case. Sub Inspector of Police who was investigating the case has filed vague statement without conducting any investigation except recording the 161 Cr.P.C statement of the petitioner. The method adopted by the Investigating officer for investigation of the case is perfunctory in nature. Therefore, I direct the Additional D.G.P (Crimes), appoint an officer not below the rank of Deputy Superintendent of Police investigate into the crime registered as Crime No.1866/2010 of Central Police Station, Ernakulam and submit a report before the concerned Magistrate as early as possible. Writ petition is disposed of. Sd/- B.P. RAY, JUDGE. AMG