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Defeated: iPleaders and Ramanuj, Ishwar Bhat, faculty members of NUJS who slandered #PIBOut Movement, RW faction of NUJS
https://www.livelaw.in/news-updates/calcutta-high-court-restrains-nujs-discontinue-online-course-enrolled-students-201644
When NUJS controversy and litigation erupted, the VC quietly shut down its online courses
gave certificate to all the past students, stopped new enrollments, terminated contract with online course partner enhelion and there was no problem whatsoever
Back in NUJS, the only purpose was doing politics over this, so students were made to suffer, enquries launched, knowing fully well that NUJS will lose every case eventually
And it happened because SJA was in an activist mode, nobody had any reason to protect long term interests of the university, EC just wanted to make sure it does not stick to them
The bill is being paid along with interest and compensation only now
congrats NUJS
As regards retrospective UGC recognition, there are several cases from SC where it was denied.
But that was for UGC to dispute in Cal HC or point out in SC.
NUJS should have never made the distance education students suffer. Not when they were signing up for unrecognized courses and certainly not after the EC repeatedly empowered Lord Taluk and NKC to initiate refund process.
NUJS was always in the wrong.
Where does it say non recognition made courses illegal? Which lovely teacher taught you law 🤦
Why don't you have a fair regard for my Lovely and Healthy appreciation of law?
Till 2018, no online course was recognised in India but hundreds were launched by different universities
If your argument that non UGC recognition means course is illegal was true, all of those courses would be illegal
There was no such law that universities could not launch online courses without UGC recognition, only consequences of this was that for govt jobs or promotions these courses didn’t qualify as valid qualifications
There is no history of UGC issuing notices to a single on line course till date pre-2018
Let me give you an idea about what went down in SC
Lawyer for students pointed out a list of online courses that were running pre 2018 and asked why UGC took no action against them and why NUJS online course is being singled out and why it failed to act between 2012 and 2018 while courses were running
UGC had no answer, but except for a request that this should not become a precedent, which judges granted
It was a smart decision by the Kolkata HC judge - he did not make it based on law but based on equity knowing that this will make the SC reluctant to intervene in appeals stage
This is what happened. Justice Kaul in SC said this is equity based judgement, we are not inclined to get into it unless you can explain what great injustice this judgement is causing
This is what happens when universities take a myopic view of laws ignoring student interests
It is no secret that UGC has always been (and still is) lackadaisical abut enforcement of its own rules. Quite expected of an institution that is packed with political appointees. Applies to all political parties. UGC has been pulled up by SC and various HCs as well. It remains a sloth.
But that doesn't excuse NUJS from not getting the due approvals. It is true that a specific set of rules for online courses were brought in by UGC in 2018. But before that UGC had cautioned against joining online courses that did not have its approval.
Kindly educate me on the following:
1. You claim that that distance education students always knew that the courses did not have UGC approval (but this is contested by an aggrieved student in a Wire article). You also claim that students didn't care because they wanted quality practical stuff, which others, including NLUs were not providing. Please confirm.
2. You claim that PIB and Co (including you) did not mislead the EC/AC etc (although the records show that PIB and Co promised repeatedly that the courses wouldn't begin without UGC approval). If you didn't "need" UGC approval and the students didn't care, why did PIB and Co even need to discuss UGC approval pre-2018?
3. Whatever may have happened between NLS and UGC concerning MBL et al, why did that rattle NUJS? Why issue clarifications regarding something that students already "knew" or "didn't care" because they were interested only in skills and not in govt jobs wherein UG approval mattered? Again this wrinkle has been exposed in the Wire article written by a distance education student.
4. If students didn't need or care about UGC approval and likely didn't ask for it from Cal HC, why did the judge go out of his way to direct UGC to give retrospective recognition (as you put it)? Actually, the Cal HC could have done this very thing even earlier. What caused this delay?
5. Why did NUJS admit in the court in 2018 and thereafter that it did not have due approvals from UGC for the courses? It could have simply followed your narrative/advice. That pesky SJA ex-Prez was gone by mid-2018. You had access/proximity that he didn't.
What is the point now
Its over
Courses are even UGC recognized now
Commendable
This is like Karnataka HC stating that NLS is class apart etc without any legal basis when clearly it has been set up under an Act of state legislature; the friendly GoI (since 2014) and those in GoI earlier did not give it INI status or make it a "central funded" univ like RRU, IIEST, IIT-BHU etc.
Here too Cal HC gives no robust explanation for deploying the estoppel principle. I agree that the aggrieved distance edu students suffered needlessly for the shenanigans of iPleaders and its friendlies in WBNUJS. Was this really about giving those students relief or ensuring that the money trail is not pursued actively?
The HC has underlined that the courses did not have UGC approval and students were scammed. Their trust in "NUJS brand" was abused and therefore they shouldn't suffer. However, under what authority can HC use the flimsy estoppel principle to literally make the PGD certificates etc legal when it is simultaneously agrees that it was all illegal from the start?
If the inequity of NUJS's ban in mid-2018 on distance edu courses been so transparent, why did the HC realize it so late, especially one of the judges who had heard this matter earlier (and likely recused).
Know the judge. Will get judge tailored law.
You failed
That ex-Prez exposed the ▮▮▮ in April and May 2018, graduated and left campus within a few weeks thereafter. SJA remained active till late 2019 or so. Since 2020 almost coinciding with COVID pandemic, SJA started imploding and its a shell now.
Why did the EC continue to give so much weight to that ex-Prez's submissions long after he had graduated?
Its not like EC applied its mind to legal issues or heard all involved
SJA prez made a presentation before EC, EC went into a pnic, shut down everything
then NUJS got sued
And still paying the price of that days misadventure
UGC got involved after NKC pursued UGC to take up this matter
This HC ruling was challenged in SC only 9 months after by UGC, much beyond the 3 months standard appeal time
And they had to bring the SG himself to argue this
It was crazy that SC even entertained it
Ask any SC lawyer how difficult it is to appeal a HC judgment so late in the day
If Tushar Mehta didn’t intervene personally it would never get heard
The question is how did someone influence the SG himself to pick up such a dead matter with very little consequence
And why
it seems to me that the person who wrote this comment had not even walked in the corridors of a magistrate/ junior civil judges court.
And to get SG himself to appear is not as simple as AoR wishing it, this requires serious pull
You have zero clue about how things work if you think otherwise 😂🤦
90% of the appeals before SC do not live on to have a 2nd hearing or notice issues
Getting a notice issued os itself considered a big feat
You must be a corporate lawyer somewhere based on your comment 😂🤪
Arvind Datar and Sunil kr Agarwal appeared for students
The case was just not winnable
Sweet, sweet victory for us in Kolkata HC against NUJS which illegally stopped giving degrees and diplomas to students of online courses. It took us 4 years to fight this, but we never gave up. Will share more details soon.
Court told NUJS to complete courses and deliver certificates and degrees to existing students. Forbade UGC from derecognizing these courses. Thanks for all your support.
https://twitter.com/law_ninja/status/1537008828075884544
> "Forbade UGC from derecognizing these courses."
This is the exact reason why people should not take up LawSikho courses. The founder himself does not know how to read a judgement. The courses were never recognised in the first place. But since the students have already been misled, the court ordered UGC to recognise these in the interest of the students. Please read the judgement for youself and ask yourself if you ▮▮▮
At the time there was no recognition system by UGC for online courses, which was set up only in 2018
Later when NLS and UGC had a tussle over the MBL recognition (and later concerning one or two more courses) then NUJS suddenly "clarified" that the iPleader courses did not have UGC recognition and had students (who had already enrolled) sign off on that additional note.
This point wasn't made clear to the HC. Things could have gone differently.
For SJA it was about exposing PIB and Co based on the paperwork that it could access then. Like now, the univ had embargoed all EC, AC, FC etc records. Later due to SJA efforts Lord Taluk and Co were compelled to release all the records, which was reported extensively by Legally India.
But Lord Taluk and Co cleverly ensured that the damning SJA petitions are not included. It was embarrassing because the SJA petitions were using uncomfortable data from NUJS' own records to show the shenanigans of PIB and Co and how Lord Taluk who was supposed to clean up was actually covering up. NKC followed suit and now we are back to square one.
Go on, blame SJA/Prez etc.
Students who didn’t want to sign waiver were given refunds, and this happened when NUJS decided to change names
Around 30 students who wanted refund were given it in fact, on NUJS expenses
this could not be proven in court because it is a lie, simple as that
Legallyindia needs to stop giving a platform to these malicious lies after an entire cycle of litigation has happened
https://livewire.thewire.in/livewire/wbnujs-distance-education-students-legal-fight/
Where is the lie? Undue influence? He is citing stuff from NUJS' own record. This student is also naming you and others. He is also citing EC record to show that the EC unanimously (including NKC) rejected the shoddy Prof Maitra Inquiry Report.
If everything, as you say, was done transparently and allegations made by SJA was found incorrect, why isn't NUJS making the inquiry reports public? Why is it stonewalling relevant RTIs?
It is true that PIB tried to hide away various inquiry and review reports. But those did become public. Some even say that you helped with the disclosure. Why not do the same here?
At least show the EC records (since you have special access) which clearly tells that all those inquiries initiated by the EC in 2018 and 2019 have been completed and EC has now closed the matter formally.
What is this shows any lack of transparency?
Another reason judges decided UGC recognition was presupposed: UGC chairman was a part of the EC and he signed off on the permission to launch online courses
Which showed that UGC chairman did not find such courses illegal at the time of launch
This is what happens when you have been focusing only one side of facts, you miss the larger picture
EC was persuaded to stop courses not because of UGC recognition etc, it was scared that there may be a scam happening as alleged by the SJA prez, which led to a haphazard disorderly unplanned shuttting down of courses leading to all the misery
And its sad to see you continue to allege corruption on this forum
Since you live in delhi should have intervened no?
Secondly, if PIB and Co (including you) were so confident that there is no requirement for UGC approval, why didn't you clearly state that in the admission forms. Why do it much later when the NLS-UGC tussle rattled you?
Also when NUJS suddenly banned these courses in mid-2018 based on a "misleading" petition of the SJA, why didn't the EC listen to your colleague who was not only an EC member but also the head of distance education department? Even SAK was there. Both had ample opportunity to speak up (and they were actually heard out in full, repeatedly, by the EC)
Later when your aforementioned colleague and even you were tasked by the EC to respond diligently to queries etc of aggrieved distance education students, why did you all run away? If Lord Taluk was not personally agreeing with your logic, your friends in EC could have taken it up there. Why didn't that happen?
Later when Lord Taluk and Co and later NKC and Co had opportunities to issue clarification, why did it not boldly declare that the courses never needed UGC approval; that UGC Chairperson himself had signed off; also those very same EC had SC and HC judges as well who had signed off - the so-called "NUJS brand'.
What was the need for the litigation to continue long after SJA mischief (that you claim)? Why are you not getting NKC questioned by the EC for needlessly letting this litigation to continue? Add this to the list of complaints you have already made against him in the EC.
And he advised to apply to UGC and launch courses anyway- this was back in 2012 and 2014
NUJS applied to UGC, NUJS registrar at the time personally met UGC officers in delhi along with some faculty members
But as I said, consensus at the time was that while UGC came up with a framework, universities can launch online courses if their state legislature allowed them to do so
This is how every IIT, IIM, and well ranked central universities launched their online courses
Of course, when there is allegations of scam, illegality, potential court cases, nobody wants to take chances
This is why litigation continued for 4-5 years - its easy to keep postponing the inevitable rather than paying the dues upfront
But it is getting harder by the day to avoid the bill
The idea was that as UGC frames regulations proper approvals will be taken
But the university needed the money to pay 7th pay commission scales as per PIB so that everyone involved gave a go ahead
Hardly they knew one day a bull in a china shop will come and allege illegalities and corruption using his position as SJA prez
Once such allegations are made everyone treated the programs as radioactive, no sage advice was going to save NUJS
Everyone just wanted to be see distancing themselves from an alleged wrong doing
It took years to prove what was the case in the court because nobody in decision making positions wanted to be seen as complicit
What is pending:
1. Enforcement of arbitration orders
2. Enforcement of HC decision
At this point iPleaders care about getting its money
Students about getting their certificates and university just wants to delay everything by keeping litigation alive
Basically NKC trying to pass on the parcel to the next admin after him
I hope that gives you some clarity
Fictional and baseless
That is why people take their course and they have a market cap over 500 cr
Cry yourself a river
However, the court did not want students to suffer since any student would reasonably trust the NUJS brandname. Hence, the order gives a relief to students who had enrolled - although they were misled [by iPleaders]. Thus, the doctrine of "promissory estoppel" on part of NUJS and UGC (although that reasoning does seem like a stretch).
Since it was a constitutional court, no criminal actions have been recommended against iPleaders. [...] Although I doubt the new SJA or the new NUJS administration will take up this matter. [...]
Point out the statement from judgment which says course was illegal? Or that students were misled 😂
Waiting
in this case the HC did no such thing because there was no material before it to do so
only in legallyindia any such allegation of scam etc were ever made
Don't live on fantasies
Distance education issue had a fishy start since inception. And the vested interests include complicit faculty members but also allies outside. Don't single out TMC. It is actually a heterogeneous mix, which SJA realized much later.
The issue was never about iPleaders. It was about how PIB and certain faculty members deliberately misled AC and EC and later distance education students. Later the issue snowballed into Lord Taluk and his acolytes trying to kill off the inquiry. Subsequently, NKC was appointed and COVID helped in burying both the SJA and all the inquiries.
Ironically, the so-called non-complicit faculty members, all holding "permanent" positions preferred to look the other way while Lord Taluk and NKC went about committing their sins of omission. This is particularly galling because a certain faculty member was very well-known to Lord Taluk (long-time friend of Lord Taluk's daughter) and was frequently consulted during his reign at NUJS. Why this faculty member chose deliberate inaction remains a mystery.
But the irony doesn't stop here. This faculty member's spouse was later tasked by the EC on KD (AG) and NKC recommendation to take charge of arbitration against iPleader and was intimately involved with the litigation in Cal HC as well. And we all know how that went and the "settlements" that were made.
Interestingly, one those who helped NKC shepherd such a sweetheart deal has now lodged a sexual harassment complaint. Some say there is an FIR, while others say it is just shadow boxing.
Be that as it may, if SJA, NKC or anyone is actually interested and in a position to do something meaningful, just do the following:
1. Revive the the inquiries including on distance education mandated by the EC in 2018.
2. Call for all the records, including those prepared and submitted by the then SJA and esp it's Prez.
3. Grill NKC and Co on how NUJS lawyers were advised and briefed
4. Ensure that the inquiry is done by a person of integrity and authority in a timely manner.
You may also want to read this (go through the hyperlinks as well) https://livewire.thewire.in/livewire/wbnujs-distance-education-students-legal-fight/
PIB was allowed to exit without suffering any financial and/or penal consequences (just like a certain Registrar despite being indicted in the Cal HC appointed Justice (Retd) PN Sinha Inquiry Report, which was extensively covered by Legally India).
Very interestingly, when this shameless Registrar appealed against his termination in Cal HC, the bench that finally disposed off his appeal (it directed the EC to reconsider the matter afresh but left the final decision to EC) treated the matter with kid gloves (just like the iPleaders litigation) and was led by the same senior judge who later "settled" the distance education without cogent legal justification.
Every time NUJS and/or its lawyers conveniently forget to mention vital facts, case laws, inquiry reports et al.
Cho chad he wasn’t given the brief
What does it matter that Tushar Mehta solicitor general of India argued it himself in SC and was sent packing
Court me haar jate ho
Kya fayda 😂
SJA saw ▮▮▮ and complicity. Exposed it. EC initiated inquiries. Successive VCs had those killed off.
By the way, NUJS' arbitration was assigned to a faculty member's spouse who is close to KD/TMC. Why no sniping there? Why no talk about who really advised Lord Taluk and later NKC? Why no talk about how certain things were never brought before the university lawyer and the court?
You are being very AB here. Half-truths and courts indulging the nonsense.
Nothing was found in enquiries
Have you considered that it could be because allegations were fake so not established by enquiries 😂
Why aren't you having the charlatan ex-SJA Prez hauled up by the EC?
Why spend political capital in EC etc
You are not that important
Only thing they care about is how to sweep it under the carpet with minimal damage to their own reputation
Random allegation
The enquiries found nothing wrong or unusual- the recommended no action thats all
Have you ever considered that unlike you, we are not obsessed about this issue. But we won't allow you to pass your drivel as the truth.
Or maybe statesman 🤦
1. There was a scam - this was not proven, all enquiries failed to find any wrong doing
2. That online courses were illegal - held otherwise by HC and SC after 4 years of litigation
3. As a consequence of cancellation and breach of contract NUJS had to pay 80 lakhs in compensation to iPleaders and 50 lakhs more under litigation
4. On top of this, students are filing consumer cases and getting 100% refund along with compensation from NUJs
5. Since 2018, NUJS has 0 revenue from distance education as a result of this misadventure
Can you still not see how your activism has costed the university dearly? Do you have any remorse or shame?
What kind of lawyer are you that you are begging gor information on anonymous forums
Or maybe I missed the latest amendment
As a lawyer if you are denied an RTI response what should you do?
It is speculative and has been proven wrong on all counts by what happened
1. Nujs ordered by writ courts to issue certificates (which it has failed to do so far, contempt petition against VC ans registrar personally being heard)
2. Arbitration by ipleaders won, 80 lakhs compensation already paid and 50 lakhs more under litigation
3. NUJS lost out its entire distance education revenue- this primarily helped NLS Bangalore to rule the roost in distance education space. Also fee of nujs students is much higher due to this.
So congratulations es sja prez you got several articles published, wrote in tinder bio about your actvism, hope it was worth it
But time has proven you wrong.
You responded with a SH complaint before LCC Barasat. How is that going? You still have NKC as VC.
FIR in local police station. A belated Q/A session with Registrar and two faculty members who are solidly positioned in their respective research centres. NKC had you removed unceremoniously.
Good luck.
To your credit you convinced a gullible ec that something is fishy
EC stopped distance courses, ignored contracts with EC, started various enquiries
With time, what had to happen happened
Cases were proven before courts and enquiries came to naught
Results are for everyone to see :)
Just because you are having a tiff with NKC now, it doesn't mean that you will not acknowledge the good times. Everybody knows.
You must have complained against NKC for continuing with expensive and meaningless litigation, which have resulted in massive loss of revenue in addition to losses caused by a reckless SJA Prez. Again, what is the EC doing? Why isn't it listening to you? What about other powerful people you know?
Why didn't the EC initiate an inquiry against NKC for making unauthorized payments to iPleaders, which he claims were under directions from the court? Why no action against VC for mismanagement of UGC funds despite your complaint to Chancellor and EC?
Most importantly, why have you not complained to the VC/EC against ex-SJA Prez? Ofc he graduated in 2018 but he always responds to inquiries.
Why and how is it that the EC agreed with him (even after he had graduated) but you cannot move the EC despite your proximity? Don't say that the EC didn't give you an opportunity. You actually scooted.
By the way you were very much in the AC when that Noojie exposed the scam. Despite your personal presence and that of your friends/collaborators, how is that the AC placed the ban and EC ratified it after a thorough discussion?
Do you even know what is citation
Also why is NUJS/NKC facing contempt? You say that Rs 80 lacs have been released. What is holding up Rs 50 lacs?
Strange accusation
Why try to invent mystery when there is none? By the way the rants that you have against SJA/ex-Prez, why not deliver the same before the EC? Quite a few have continued since the fateful days of 2018 and 2018 including our dear and most efficient AG.
You do know that he personally lead the charge for terminating the services of a certain AR Admin that has now resulted in Siddhartha Guha vs WBNUJS WPA/16208/2019.
Why are you selectively outraged?
The other case is of an ex-AR Admin whose services were terminated by the EC in mid-2019. He was previously suspended in 2013 or 2014 by the EC. Legally India had done extensive reporting then.
iPleaders has communicated many times that they have done their part and furnished evidence before court to that extent
There is inexplicable hold up from the university side, it has failed to implement the order of HC when almost 2 years have passed