Saturday, November 4, 2017

HC notice to RBI for non-return of documents

MADURAI, NOVEMBER 03, 2017 00:00 IST

Madurai Bench of the Madras High Court on Thursday ordered notice to the Principal Secretary, Ministry of Finance; Regional Director, Reserve Bank of India; and Axis Bank in a case of non-return of security documents even after repayment of a loan.

Justice R. Mahadevan, who took up the case for hearing, also directed the respondents to file their counter in four weeks. The petitioner, K. Venkatesh, a rice mill owner, claimed that he had obtained a loan of Rs. 50 lakh (cash credit over limit) from Axis Bank, Rajapalayam, after submitting a post-dated cheque, Rs. 100 stamp paper and blank papers with signature. Though a no-objection certificate was given by the bank for clearing the loan, the bank authorities were yet to return the documents after repayment. The repayment was not recorded in the Permanent Account Number (PAN), because of which the Credit Information Bureau India Limited (CIBIL) recorded the petitioner as defaulter, he contended.

No valid reason was given by the bank and it did not respond to a legal notice. A representation for return of documents was made to the Ministry of Finance, Regional Director of Reserve Bank of India and Axis Bank authorities.

But the request was not considered by them, said the petitioner.

New V-C for Karunya University

STAFF REPORTER

COIMBATORE, NOVEMBER 03, 2017 00:00 IST

P. Mannar Jawahar, the former vice-chancellor of Anna University who recently won a nearly four-year battle against the institution in connection with a disciplinary action taken against him, took charge as the vice-chancellor of Karunya University on October 30. A noted academic, Mr. Jawahar had completed his Ph.D. at IIT, Delhi, and had pursued post doctoral research at Warsaw University, Poland.

Money collection for ‘selection certificate’ irks M. Phil. aspirants

Pon VasanthArunachalam

MADURAI, NOVEMBER 04, 2017 00:00 IST

Students and faculty express concern over fee hike for various courses

The collection of Rs. 2,000 by Madurai Kamaraj University for issuing a ‘selection certificate’ to those who have cleared the common entrance exam conducted for M. Phil admissions has irked the aspirants, who term the fee as unfair since they were already charged for the examination.

Citing the notification issued for M. Phil and Ph. D admissions by MKU, the M. Phil aspirants point out that they paid Rs. 750 (Rs. 500 for Scheduled Caste and Rs. 375 for Scheduled Tribe applicants) while applying for the entrance examination.

The entrance examination by MKU for M. Phil and Ph. D courses offered by its departments and affiliated colleges was conducted for the first time this year as per the revised guidelines issued by University Grants Commission in 2016.

“Generally, when an application fee is collected for an examination, it is presumed to be used for the expenditure to conduct the examination. If that is the case, why collect another Rs. 2,000 for just issuing a selection certificate after the exam,” an aspirant asked.

MKU has said that this selection certificate is the prerequisite for applying to M. Phil programmes offered by its departments and the affiliated colleges. To add to this, another aspirant, applying for M. Phil in MKU’s School of English and Foreign Languages, pointed out that the university has now asked them to pay another Rs. 400 as ‘application fee’ for applying to M. Phil courses offered by its departments.

A senior faculty member, speaking on anonymity, said that a circular was sent few days ago to Chairpersons of all the Schools in MKU in this regard. “For a number of courses, the hike is considerable. The fee charged for Ph. D submission, for instance, has almost doubled,” he said.

When contacted, Vice-Chancellor P.P. Chellathurai said that the fee of Rs. 2,000 was only to meet the bare minimum expenditure incurred by the university for conducting the entrance examination and the interview. “The process was elaborate with involvement of subject experts for each course,” he said. Defending the fee hike for other courses, he said that revised fee was still lower than or on par with majority of other universities in Tamil Nadu.

“Moreover, we have implemented a slew of measures to improve the quality of our courses. We have also assured that Viva-Voce for Ph. D will be conducted within three months after thesis submission and Ph. D approvals by the Syndicate are happening in record time these days. This is all going to cost us slightly more.” he added.

Travel agency told to pay Rs. 1.5-lakh compensation

S. Sundar

MADURAI, NOVEMBER 04, 2017 00:00 IST

Madurai District Consumer Disputes Redressal Forum has directed an international tour operator, Thomas Cook, to pay a compensation of Rs. 1.5 lakh to the family of a doctor and return money withheld by the operator after cancellation of an European tour due to its deficiency of service.

In its order on Thursday, the forum president V. Balasundarakumar and members C. Packialakshmi and M. Maraikamalai also imposed a cost of Rs. 5,000 on the operator.

The doctor J. Premkumar of Gomathipuram and his family members booked an European Tour in December 2011 on payment of an advance of Rs. 1.20 lakh. The manager of Thomas Cook in Madurai promised to get all clearances, including visa.

The UK embassy refused visa to the complainant for non-submission of original documents. But, the complainant said that he did so as per the advice of the operator.

The operator then promised to get visa within three days, if the entire tour amount of Rs. 6.42 lakh was paid. However, this time too it failed.

When the doctor cancelled his tour and sought refund of the money, the operator claimed he got the visa and offered the tour in a new schedule. However, a day before his departure, the operator sought Rs. 1.65 lakh towards cancellation charges of air ticket for the original schedule.

When the doctor cancelled his tour, the Madurai operator threatened that the passports would not be returned, if the money sought was not paid.

After the intervention of Mumbai office of the operator, the Madurai manager accepted to return only Rs. 3.56 lakh and passports. The doctor said that he would accept the said amount only “under protest”.

Hence, the operator refused to make the refund (but subsequently paid after ordered by the forum and the State commission).

The doctor contented that the cancellation of tour was due to the shortcoming on the part of the tour operator.

When the case came up for hearing, the operator contended that the doctor had agreed for the terms and conditions of the company according to which last minute cancellation would lead to 100% cancellation charges.

The visa was rejected only because of the complainant’s behaviour at the interview and failure to produce bank statements to prove the cost of the visit in the UK. The forum found the operator guilty for deficiency of service by not properly guiding the complainant as it had promised “an all inclusive tour.”

Booking of air tickets after knowing that visa could not be obtained before the original schedule of departure amounted to shortcoming in service. Besides, the operator failed to provide evidence of having booked air tickets, hotel accommodation and their cancellations.

Stating that cancellation charge should be only Rs. 75,000 in total, the forum said that withholding Rs. 2.85 lakh amounted to deficiency of service. The forum should protect the consumers from restrictive practices of the service providers as well as deceptive practices, it observed.

The operator is guilty of giving deficient service by not properly guiding the complainant as it had promised “an all inclusive tour”

Madurai District Consumer Disputes Redressal Forum

MBBS candidates with dual nativity under HC scanner

SPECIAL CORRESPONDENT

CHENNAI, NOVEMBER 04, 2017 00:00 IST

The High Court wants State Health and Revenue Department secretaries to be impleaded in the petition.

Court calls for files relating to admission of all 440 students

The Madras High Court on Friday called for the files relating to the admission of all 440 students who produced dual nativity certificates while being admitted to undergraduate courses in medical colleges in Tamil Nadu this year.

Justice N. Kirubakaran also instructed that the State Health and Revenue Department secretaries be impleaded in the petition filed by a MBBS student, represented by his father, who alleged that many students obtained dual nativity certificates illegally to secure admission in medical colleges.

Hearing on Nov. 6

The student, studying in K.A.P. Viswanatham Government Medical College in Trichy, alleged that he is being denied the chance of the transfer to a Chennai medical college because of the presence of 104 dual nativity certificate-holding students in city’s colleges. The court posted the matter for further hearing on November 6.

“Since the nativity certificate is issued by Tahsildar, who comes under Revenue Department, the Revenue Secretary is also impleaded. The secretary of selection committee of medical admission is directed to produce the entire files of selected candidates with records,” said Justice Kirubakaran.

The petitioner K. Ravi of Aynavaram in Chennai contended that his son, who scored 367 out of 720 in the NEET with an all-India rank of 1,05,634, was being prevented from moving to Chennai’s prestigious medical colleges by those who obtained admission illegally.

“Candidates from other States are alleged to have produced the dual nativity certificate in order to procure a medical seat in Tamil Nadu,” the petitioner said, claiming that the Madras Medical College and Stanley Medical College have vacancies.

Earlier during the admission season, four candidates had withdrawn during counselling for medical admissions after the Health Department lodged complaints against them, alleging that they held two nativity certificates.

TNPSC failed to safekeep answer scripts: Crime Branch

Deepu Sebastian Edmond

CHENNAI, NOVEMBER 04, 2017 00:00 IST

Petition says blank sheets were supplied to certain candidates

The City Crime Branch police have indicated to the Madras High Court that the Group-I examination answer sheets sent by post to a private Tamil satellite TV channel by an anonymous person and those provided by the Tamil Nadu Public Service Commission (TNPSC) were printed at the same facility.

The sheets were used in the TNPSC’s Group-I main examination, conducted last year.

A petition before the court alleges that blank sheets were supplied to certain candidates after the examination to be filled up and inserted later.

Sathiyam TV, which has since been impleaded in the matter, broadcast an expose claiming that it had access to TNPSC’s answer sheets. The High Court asked the Police Commissioner to investigate.

Same booklets

“With regard to the genuineness of the question-answer booklet, the Forensic Science Laboratory, after careful examination of a booklet submitted by the Sathiyam TV and the answer booklet by the TNPSC, submitted a report dated 8/9/2017 that the plates used for the print matter were one and the same,” said an interim status report, submitted on September 14 to Justice S.M. Subramaniam by the investigating officer.

‘TNPSC not cooperating’

In response, the High Court on Friday asked the TNPSC to produce, on November 8, all the files relating to the selection of Group I officers. This was after the Special Public Prosecutor told the bench that TNPSC officials were not cooperating with its inquiry. The report said “....unused answer booklets were bundled and kept openly on the wayside of the officials’ rooms...they are also not able to account for the rest of the unused answer booklets of the Group-I service main examination. But the answer booklets written by the candidates were kept safely in the custody of the Controller of Examinations.”

The police also found that the news channel had been sent the incriminating documents from the Vepery post office, but the sender remains untraceable.

SC asks Union govt to review status of deemed varsities

Ashish Tripathi NEW DELHI, DH News Service, Nov 3 2017, 23:34 IST

The top court also directed CBI probe against officials for allowing four deemed universities in Tamil Nadu, Rajasthan and Allahabad to conduct BE/BTech courses through distance education.

The Supreme Court on Friday directed the Central government to review the status of deemed universities, citing "flagrant violation of norms and policies" by the institutions.

The top court also directed CBI probe against officials for allowing four deemed universities in Tamil Nadu, Rajasthan and Allahabad to conduct BE/BTech courses through distance education. It ordered the degrees so awarded after 2001-05 academic session to be cancelled and any job benefits accrued to be withdrawn. Those who had obtained degrees between 2001-05 would have to face re-exam in May-June 2018.

The top court also ordered the University Grants Commission (UGC) to restrain these institutions from using the word 'university' within one month.

The court directed the government to form a three-member committee to suggest a road map for strengthening the institutions and set up an oversight and regulatory mechanism within six months.

It restrained all deemed universities from continuing courses in distance education mode from the academic year 2018-2019, unless and until specifically permitted. The court also ruled that engineering courses cannot be run by the deemed universities through distance education mode without guidelines and approvals from the AICTE.

Passing a slew of directions, a bench of Justices Adarsh Kumar Goel and U U Lalit said the extent of commercialisation of education seriously affected credibility and standards, eroding the power and essence of knowledge and seriously affecting excellence and merit.

"It has come to our notice that many institutions which are conferred the status of Deemed to be Universities are using the word "University", which in our view is opposed to the spirit of Section 23 of the UGC Act. The UGC shall take appropriate steps to stop such practice," the bench said.

In its 118-page judgement highlighting lack of effective oversight and regulatory mechanism for "the Deemed to be Universities", the apex court said, "The UGC has completely failed to remedy the situation. Serious question has, therefore, arisen as to the manning of the UGC itself for its effective working."

Relying upon then UGC chairman Ved Prakash's affidavit that disclosed how permissions were granted to deemed universities to introduce courses without any authority, the bench said, "On one hand, the authorities were proclaiming their policy statements and on the other, despite there being complaints, they went about granting permissions. Their conduct and approach is difficult to explain on any rational basis and leaves much to be desired."

The court directed CBI probe against officials for allowing deemed universities Vinayaka Mission's Research Foundation, Salem, Tamil Nadu, IASE Gandhi Vidya Mandir, Sardarshahr, Rajasthan, JRN Vidyapeeth Udaipur, Rajasthan and Allahabad Agriculture Research Institute, Allahabad to run BE/BTech courses through distance education. It also ordered for cancellation of the degrees awarded to candidates after academic session 2001-05 and recalling of any consequent job benefits derived by them.

It directed the UGC to consider whether deemed university status enjoyed by JRN, AAI, IASE and VMRF called for withdrawal.

Appeals

The top court directed for suspending the degrees awarded to students by the four universities between 2001 and 2005. It ordered the AICTE to conduct test for such students between May-June 2018 and if the students failed in the test, their degrees shall be recalled. If they do not wish to appear in the test, their fees would have to be refunded and any benefit in job availed by them on the basis of the degrees would stand withdrawn, the court said.

The issue has arisen before the apex court in a batch of civil appeals against Orissa and Punjab and Haryana High Court judgements. The Orissa HC had approved engineering degrees awarded to serving diploma holders through 'Off-Campus Study Centres' but the Punjab and Haryana HC took a contrary view.

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