FACTS: 1.Thr is a fire safety training institution operating on my plot & building which is a fake one. 2.I say because, -It has no AICTE approval.AICTE approval handbook classifies fire safety training as coming undr Engg & Tech & that no technical institution can run without AICTE approval. -No approval of DTE & the State Council for Vocational Trg.DTE & the SCVT deal wth diploma/vocational courses -Even vocational/distance technical need AICTE approval. -No permission from State Fire Services. -Its promoted by private partnership firm which isnt allowed to run educational/technical institution -It doesnt feature in the UGC list of colleges -Ministry of HRD doesnt recognise its courses 3.The institution doesnt hve service tax regn &TAN number. 4.I ve prospectus,application form,contents of its website listing details of its courses & certificates issued. 5.I ve xerox copy of a certificate issued,marksheet on Diploma in Fire & Safety Engineering course,also have a video of a class 6.Institution has been shut down by Police & the POLICE FAVOURS THE ACCUSED.The accused applied for anticipatory bail. 7.The Case Diary shows seizures so far-a fake BIS approval photo,a distance course affiliation to a deemed university(affiliation to open a study centre between years 2009-11),staff attendance register & student register of 2017 only when the institution according to website is running from 1999. 8.Police is helping to destroy every possible evidence/records of institute. 9.Institution has made false presentation of itslf as educational trust/society to the DTE & got 2 acres of land allotted to it,when its a partnership firm. 10.According to Distance Education Council rules of 2006,which regulated Distance education till 2012 when the UGC took over,the rules prohibit the opening of study centre by any deemed university outside the parent state of its location.Here this institution is claiming that its affiliated university had issued it a certificate for opening a study centre,even if this institution is outside the parent state of the deemed university.could be a fake affiliation certificate,just like the fake BIS certificate it hangs on its walls(as per RTI reply from BIS). 11.In bail application,the culprit has stated that it is running some "BASIC COURSES" in fire safety to under matric & matric students & also stated that the DTE is happy with its courses to allot 2 acres of land & also the institution has claimed affiliation with a deemed university which appears to be fake document to me for reasons cited above.It has also claimed that no student has till date complained against it.Case has been registered under Sec 467,468,471,420,34 IPC. 12.The institution is bribing its ex-students to keep shut.website is shut down,but I ve its printed contents. My question is- 1.What points are to be stated to court & what documents are to be produced before it to prove it to be a fake institution,so that the court is convinced.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1. If you are the complainant then you can engage your own lawyer to oppose the bail application of the accused.
2. All the documents in your possession can be shown to the court to convince it to dismiss the bail petition filed by the accused.
3. Consult a lawyer with the complete set of documents. Unless the documents are perused it is not possible to state which among those are to be shown to the court.
Rely upon copy of its prospectus,website details downloaded by you
2) mention that it has no approval of AICTE to run fire training courses
3) no permission from state fire services
4) rely upon xerox copy of diploma issued by institute and video recordings in your possession
5) mention that it has fraudulently obtained 2 acres of land from authorities
6) hence application fir anticipatory bail be rejected as custody of accused is necessary for carrying out police investigations
1. fire safety needs high level security and fire fighting tools to tackle the file committed by accident. an illegal fire safety institute may cause great danger. this illegal institute needs to be shut down.
2. your land and other person living in the vicinity have been on great danger.
3. you should file a case before the district judge court for stay order and stop all the activities unless and until affiliation is granted from the authority. or
4. you can file a PIL before the high court for shutting down of this institute.
1. Since the criminal prosecution largely depends upon the investigating agency to succeed in trial it is imperative that the police causes proper investigation.
2.Since In this case Police is saving the accused you need to change the investigating agency.
3.If you have apparent proof of complicity of Police in running this business then file a writ petition in high court so the investigation can be handed over to CID/ Crime Branch or even CBI.
4.You can also file writ petition agaisnt civicauthrities for not shutting down this fake insitution.
Which is that law;which are those laws that make it compulsory for an educational institute running any course open to the public,to have itself registered,approved,recognised?
The University Grants Commission (UGC) acts as the over-arching regulatory
body.
Different regulatory bodies such as Medical Council of India (MCI), All India Council for Technical
Education (AICTE) and the Bar Council India (BCI), among others, manage different professional
courses.AICTE regulates engineering, architecture, hotel
management, pharmaceutical education, and many more. There are two accrediting institutions– namely National Board of Accreditation (NBA) established by AICTE and National Assessment and Accreditation Council (NAAC) established by UGC.
UGC Regulations, 2012 mandate that all higher educational institutions be accredited by an
accreditation agency.
1.What points are to be stated to court & what documents are to be produced before it to prove it to be a fake institution,so that the court is convinced.
Who is the complainant in this case?
If you are the complainant, then the documentary evidences you have collected agaisnt the said fake or fraud company and also the information about their fraudulent activities done so far should suffice to establish their crimes.
If the state (police) is prosecuting then you may produce the documentary evidences you rely upon during the evidence stage before court when you are examined in chief.
Which is that law;which are those laws that make it compulsory for an educational institute running any course open to the public,to have itself registered,approved,recognised?
You have in yor question itself have mentioned the mandatory requirements that are to be followed by the institute to run the courses.
Besides the permission from concerned authorities in the prescribed formats and approval by government authorities to run educational institutes etc are certain requirements to be complied by the proprietor.