ILS Law College, Pune (Maharashtra), one of the top rated law college of the country, founded in 1924 assures its students excellence in all the fields of life. The website of the college proudly publishes their legacy of many prominent personalities from the fields of the law, politics & arts. However as per the information received under RTI Act 2005 & further as confirmed by the inquiry committees appointed by the appropriate authorities, it has been revealed that the so called temple of the legal education not only has committed the crimes of the collection of illegal, excessive & capitation fees which is declared as the cognizable offence under the existing laws but also has violated the fundamental rights of the thousands of the students of the college since the academic year of 2007 till date. Accordingly the fine of Rs.25000/- has been imposed by the SPPU & also the orders of criminal prosecution against the ILS Law College, has been ordered too post decisive protest movement & hunger strikes launched by the organization time to time & hence we are publishing this article ‘Truth, Review & Reality of ILS Law College-Illegalities & Corruption’.
The reason for publishing ‘Reality of ILS Law College- Black Deeds, Illegalities & Hub of Corruption’ article is to expose the real face of the ILS Law College, to the ex- students as well as the present & aspiring students of the institute & organize them to stand against such injustice & bring the old lost glory of the institute back, as the failure to protect the law institute itself shall further corrupt the legal system.
It has also been proved by the organization if the students come forward leaving their fear behind, upholding the truth & ready to make some glorious sacrifices rarely, the mightiest institution & government agencies can be taught a permanent lesson too if they obstruct the way of justice & suppress the youth power.
The organization has been fighting against the illegalities and unjust activities of the ILS Law College Management since the academic year of 2007 as the issue of shortage of the attendance first arose & the founder president of the organization Adv.Siddharthshankar Sharma was declared as the defaulter of the attendance as the adamant management refused to consider the condoning the attendance of the defaulter students on medical grounds. Not a single students’ medical certificate was considered for condoning the shortage of attendance, on the other hands cut off of minimum attendance was arbitrarily set on 35% by violating the Savitribai Phule University of Pune’s required 75% compulsory attendance.
Thus the student who could not attend the college for medical grounds having attendance below 35% was punished with ill famous punishment of ‘Year Down’ by the college management, on the other hand students who willfully remained absent for no justifiable reason having attendance of just 36% were allowed to appear for the examinations!
While doing so not only the college administration denied & violated the principles of the natural justice to the hundreds of students but also inflicted harsh punishment by not allowing them to give the held back semester’s examination in the subsequent semester collectively too, which further resulted into loss of whole academic year for the students which was ill famously known as ‘Year Down’ punishment by the college management.
Many pseudo educationist or so called perfectionist that time supported such sinful act of the college management as a ‘bold’ & ‘courageous one’. However they deliberately neglected the fact that even the hardened criminals, not to mention especially many corrupt politicians get concessional facilities & treatment on their medical grounds whereas the innocent students’ medical certificates were thrown in the trash by the college management as per their whims & fanciful attitude which resulted later giving them a bitter taste of the students power & retaliation which further exposed the real face of the one of the most reputed & glorious institute of the nation.
While reading the above paras many might have formed 2 opinions, one might have generated sympathy for the students while some might have given the law college a soft corner for being target of the non attentive students. We respect the latter’s opinion too, without prejudice though and believing that they have formed such opinion without knowing the black deeds, illegalities & corruption of the ILS Law College, Pune, Maharashtra, the detailed aspects of the same are as follows-
Truth, Review & Reality of ILS Law College-Illegalities & Corruption-
A. Huge Profiteering in violation of the existing statutes & Hon’ble Supreme Court’s landmark judgments-
Brief Statutory aspect regarding profiteering & illegal, excessive & capitation fees-
That many are well aware of the landmark judgments of the Hon’ble Supreme Court of India’s famously known as T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002 which was proclaimed by as many as 11 judges’ coram of the Hon’ble Supreme Court of India & was again interpreted by the 5 judges constitutional bench in P.A. Inamdar & Ors vs State Of Maharashtra & Ors on 12 August, 2005 clearly prohibited the profiteering by the educational institute and that the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 makes the collection of the capitation fees as a cognizable & non bailable offence too.
Further the rules of the Savitribai Phule University of Pune (SPPU) to which the ILS Law College is affiliated, also make it clear that the colleges can charge the reasonable fees for the services, provided services are actually rendered to the students.
However the ILS Law College, Pune, Maharashtra under principal Vaijayanti Joshi has made huge profiteering from the students of the college till date in violation of the Hon’ble Supreme Court of India’s judgments above mentioned and also of existing laws. To explain this aspect along with the relevant evidences in brief, a reference is made to the huge profiteering made by the ILS Law College in the academic years of 2006 to 2009 by giving details of the actual amount collected from the students & actual amount spent for such services. All the scanned documents are attached in the PDF file link of which is as follows-
ILS Law College Collection & Expenditure of Fees 2006-2009
However few shocking facts from the documents above referred are given is as follows-
Truth, Review & Reality of ILS Law College-Illegalities & Corruption.
Thus as per the document provided by the ILS Law College itself under the Right to Information Act 2005 to Adv.Siddharthshankar A. Sharma, (Founder President of the Bharatiya Krantikari Sangathan) it is shockingly shown that the college administration has collected Rs.90,58,780/- (Rupees Ninety Lac fifty eight thousand seven hundred eighty) in the academic years of 2006-2009 for the ‘Equipment’ head but has actually spent only Rs.4,22,643/- (Rupees Four Lac twenty two thousand six hundred forty three) upon the actual services. Thus the college administration has made huge profiteering of more than 95% of the amount collected from the students and further the college administration has also mentioned in the same letter that it has transferred the remaining amount in the accounts of the Indian Law Society’s account too!
Also after calculating the total amount for overall collection & expenditure by the ILS Law College mere in the academic years of 2006-2009 of all the fee heads mentioned in the fee receipts of the students, is as follows-
Total amount collected from the students for various heads in fees-
i.e. Rs.4,33,25,041/- (Rupees Four Crore Thirty Three Lac Twenty Five Thousand Forty One)
Total Amount actual spent on facilities-
Rs.1,34,47,586/- (Rupees One Crore Thirty Four Lac Forty Seven Thousand Five Hundred Eighty Six).
i.e. the college management has made profiteering at the rate of around 70% for the academic years of 2006-2009. These are the figures when the fee structure of the college was around Rs.12000/- only for the LLB course.
The information above mentioned was published in the many print media and accordingly the ILS Law College management started spending few bucks for the students ‘actually’. For the students studying around that period were shocked to see construction of well furnished library all of sudden in the college premises, to clear the doubts of those, we make it clear, yes the sudden expenditure and improvement in the infrastructure of the college was gift of Bharatiya Krantikari Sanghathan during those period!
B.Illegal Fee Collection from the students belonging to the Backward Caste Categories-
Before this aspect is explained, the organization makes it clear that it firmly believes that any reservation or the concession in the country must be given without the discrimination of caste, race, religion etc. However by saying that we do not mean that the present reservation system or scholarship system is unconstitutional or against healthy nationalism. The aim should be to bring the all citizens of the country on equal platform as early as possible so that uniform principle of such reservation & concession are applied on the sole basis of ‘economic’ criteria to the Indian citizens.
However the evidence given below shall prove the fact how the many criticizers are fooled by the corrupt leaders & corrupt system about such reservation & scholarship schemes in the country. Many people are misguided that the Backward Caste students get each and everything free. However it has been revealed by the organization that the ILS Law College has been collecting the illegal fees from the students belonging to the Backward Caste Categories & they do almost pay the fees as paid by the open category students!
That when the fees of the open caste categories was around Rs.12000/- in the academic year of 2009 & the ILS Law College was statutorily required to collect almost no fees from the students belonging to the Schedule Caste & Schedule Tribe Categories, however it collected Rs.9758/- illegally from the students belonging to the backward caste categories.
The complaint was filed by the Adv.Siddharthshankar Sharma to the social welfare department, which initially adopted the indifferent approach in solving this issue became ‘active’ after the Adv.Siddharthshankar Sharma launched decisive protest & hunger strike against the Social Welfare Department which thereafter gave order to refund Rs.9758/- to the each student belonging to the Backward Caste Categories of the college & even the order to take criminal prosecution against the Principal of the institute was given.
The below is the order given to the ILS Law College to refund Rs.9758/- to the students belonging to the Backward Caste Categories by the Social Welfare Department-
However as the order above mentioned was not implemented, Adv.Siddharthshankar Sharma launched a decisive hunger strike & finally the order to take the criminal prosecution against the principal of the ILS Law College was given as follows-
Truth, Review & Reality of ILS Law College-Illegalities & Corruption.
Page 2 as follows-
However as these orders were never implemented deliberately by the state government & hence the Public Interest Litigation in person was filed by then law student Mr.Siddharthshankar Sharma (PIL/135/2012) not only against the ILS Law College but against many other reputed colleges of the city who were charging illegal fees from the students belonging to the Backward Caste Categories, the PIL is still pending before the Hon’ble Bombay High Court.
The listing dates details downloaded from the official website of the Hon’ble Bombay High Court is as follows-
Needless to say, this pendency proves how ‘overburdened’ our judiciary is! The Hon’ble Bombay High Court has appointed Amicus Curiae in this matter. As the matter is pending before the Hon’ble High Court, no additional comment is made over this issue.
C. Illegal Collection of Fine Violating Principles of the Natural Justice from the thousand of students of the college-
That as per the then ordinance of the Savitribai Phule University of Pune, if any disciplinary action is to be taken against any student & fine of above Rs.50/- was to be imposed by any college management, as per the then applicable ordinance, the institutes affiliated to the university were bound to serve prior notice to the accused students & also right of hearing to such students was mandatory. Further it was also made compulsory that no fine exceeding Rs.300/- shall be imposed against any student.
However as per the information provided by the ILS law College management, not only they have mentioned that they did not provide any hearing to the students but also imposed fine up to Rs.4000/- for so called ‘disciplinary actions’.
Thus the institute which daily teaches its hundreds of students about the principles of the ‘fundamental rights’ & ‘natural justice’ was itself found guilty of violating these principles and fundamental rights of the hundreds of the students of the institutes.
(The report of the university committee confirming this illegality is attached in the PDF format in below paras).
D.Collection of the Illegal Amount for the Provisional Admission-
That as per the then ordinance of the Savitribai Phule University of Pune, the college management was allowed to collect only 50% of the fees from the students for the provisional admission & if the student fails to clear the subjects applied for revaluation, then he was not bound to get any refund.
However the college administration collected 100% amount from the students & those who failed to clear the subjects applied for the revaluation, were rejected refund of additional 50% amount collected from them illegally. As soon as awareness against this illegality was published, students started to get 50% refund of the fees which were collected from them illegally. This was another success of the organization & hundreds of the students thanked organization whose pocket money was literally grabbed by the institute with such an unjust & illegal means.
(The report of the university committee confirming this illegality is attached in the PDF format in below paras).
E. Infliction of Rs.25000/- fine against the ILS Law College-
The cognizance of the illegalities mentioned in Paras ‘B’ ‘C’ & ‘D’ only was taken by the Savitribai Phule University of Pune. However the ILS Law College challenged the jurisdiction of the committee through Writ Petition (WP/5761/2010), however Hon’ble Bombay High Court found no substance in the writ petition & rejected it subsequently. The copy of the judgement is attached below-
Writ Petition 5761 Of 2010 filed by ILS Law College Rejected PDF
However after the Hon’ble Bombay High Court rejected the writ petition filed by the ILS Law College it took almost ‘inquiry of 7 prolonged years’ & then the ILS Law College was imposed with fine of Rs.25000/- by the university management. There were around 4 committees appointed to merely provide ‘fact finding report’ about the clear & crystal violations above mentioned, which were covered merely in around 50 pages!
The detailed report of the Justice Ajit Mishra (Rtd.) holding the ILS Law College guilty of violating only 3 provisions & imposing of fine of Rs.25000/- in PDF format is given as follows-
SPPU Report Confirming Illegalities of ILS Law College & Imposing Rs.25000 Fine PDF
The order imposing Rs.25000/- fine is as follows-
(As per few media reports the ILS Law College management has filed writ petition against this order, hence no further comment is made on this issue).
F. Other violations deliberately omitted by the university management & government of Maharashtra-
There are additional illegalities & offences committed by the college management by violating the existing laws against which deliberately no action is taken by either Savitribai Phule University of Pune or even the government of Maharashtra like-
i) Huge profiteering & illegal fee hike by around 300% in the recent academic years,
ii) Collection of illegal & capitation fees for the prospectus up to Rs.1300/- though it has been prescribed at Rs.20/- only by the state government,
iii) Huge corruption in distributing sports allowances to the students,
iv) Illegalities committed in attendance issue, etc.
The organization plans to take appropriate legal actions as well as launch protests in upcoming periods against these illegalities & deliberate inaction by the state government.
G.Price of ‘Expulsion’ paid ‘proudly’ by Adv.Siddharthshankar Sharma-
It is to be noted that though the students come all over the country in ILS Law College to pursue their dream of legal education, there was extreme fear in the minds of the students raising voice against unjust acts & illegalities of the institute. Many students during that period thought & planned that they would fight after they become advocates.
However such moments never come, because fighting against the corrupt system is bound to result always in some adverse results whatever post & whoever you may be, which organization believes every youth of this country should be prepared for & finally Adv.Siddharthshankar A. Sharma, then law student of the ILS Law College, was expelled in the year 2010 for bringing ‘disrepute’ to the institute & creating fear in the minds of the staff & teacher like Mr.Santosh Jaybhay of the ILS Law College.
In the words of Adv.Siddharthshankar ‘I still love the expulsion order, I would always cherish those magical moments when the college administration expelled me from the institute & no proper relief was given from the courts, including apex court too, ‘expulsion’ was the last weapon college used against me, but neither it brought fear in my mind nor it could prevent me exposing the real face of the ILS Law College before the nation. I completed last year of LLB from another college & continued my fight without any fear. But i knew, ‘sins get paid sooner or later’ and accordingly ILS Law College management got the taste for such reckless act of expelling me when they were imposed with fine of Rs.25000/- by the university management & also order of the criminal prosecution was given by the state government, it proved my innocence and also the fact that if youth of this country start raising their voices, with rare chances of few glorious sacrifices, they would bring the revolution in this country & bring down the mightiest corrupt powers to dusts, needless to mention i would continue my fight before appropriate courts & commissions for appropriate compensation for my academic and other professional losses caused by the ILS Law College management’.
It would be an eye opening for the students who think that the (so called) glorious institutes make brilliant students, its opposite instead. The brilliant & students adhering to moral values make institute glorious & when the institute starts disrespecting, crushing its own students, downfall of such institute is likely in near future.
An appeal is hereby made to the present students to come forward against such illegalities & plan bringing the old glory of the institute back, needless to say organization will stand with all possible legal & organizational support for such students. Jaihind!
Flashback Images- Some paths need to be walked alone-
Adv.Siddharthshankar Sharma- then a law student on hunger strike…all alone..
Flashback Images- Many well wishers, eminent lawyers & educationists supporting the cause..
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-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan
