By Registered Post/by hand & Email
No. 812-C dated 31-07-2015
To
1. Shri Sarvjit Singh, IAS
Education Secretary, 4th Floor, UT Secretariat, Chandigarh. Email:
fs-chd@nic.in
2. Shri Kamesh Kumar Bhadoo, HCS
Director Higher Education, First Floor, Additional Deluxe Building,
Sector 9, Chandigarh. Email: ssf-chd@nic.in
3. Col Guljit Singh Chadha
Registrar, Panjab University, Chandigarh. Email: regr@pu.ac.in
4. Shri Punam Suri
President, Governing Body of DAV College, Sector-10, Chandigarh at DAV
College Managing Committee, Chitra Gupta Road, New Delhi-110055.
Email: info@davcmc.net.in
5. The Chairman
University Grants Commission (UGC), Bahadur Shah Zafar Marg, New
Delhi-110002. Also emailed to Professor Dr Jaspal Singh Sandhu,
Secretary UGC at jssandhu.ugc@nic.in (Ph. 011-23239337), Ms Renu
Batra, Joint Secretary, UGC. at renu.ugc@nic.in (Ph. 011-23231273).
Subject: Dr BC Josan (Principal, DAV College, Chandigarh) diverted
public money to his personal accounts by appointing his
ineligible/unqualified son (Mr Gagan Josan) as Assistant Professor
through backdoor in his college. Request for registration of case for
fraud, misappropriation of funds, nepotism and criminal conspiracy
against Dr Josan and others involved.
Respectfully submitted:
1. That the DAV College, Sector 10, Chandigarh is a public institution
affiliated to Panjab University, Chandigarh and getting 95%
grant-in-aid from the Consolidated Fund of India through Education
Department of Chandigarh Administration. Hence, entire amount lying in
the coffers of the college is a public fund and every vacancy a public
post that must be filled up publicly by selection based upon merit
through an open advertisement and inviting applications from the
public.
2. That sideling all procedures and minimum essential qualifications
laid down by the Government, UGC and Panjab University, the principal
of the college Dr B.C. Josan had appointed his son Mr Gagan Josan to
the prestigious post of Assistant Professor in Management on August 1,
2014. Neither any advertisement was given, nor any interview,
selection or whatsoever as required under rules was complied with,
with the sole motive to enable himself to pilfer funds from the
college coffers as salary of his son and to enable his son to get some
teaching experience so that he could be subsequently absorbed on
regular/permanent basis as soon as he attains eligibility.
3. That Dr BC Josan did so through backdoor as his son did not possess
the minimum essential qualifications prescribed for the post of
Assistant Professor at the time of his appointment and hence could not
be selected / appointed by ignoring the legitimate right of
eligible/qualified candidates. Besides Master’s degree with 55% marks,
the candidate is required to have passed either UGC NET or Ph.D. as
per UGC Regulations, 2009. Mr Gagan Josan did not possess either of
the two – neither UGC NET nor Ph.D. - at the time of his joining as
Assistant Professor in the college on August 1, 2014.
4. That as per Panjab University Calendar [Vol.III, 2009, Chapter VII:
Conditions for grant of affiliation to colleges, 4(a)(b), at Page
169], appointment of every teacher in an affiliated college has to be
approved by the Panjab University to ensure that only qualified
teachers are imparting education to the students who appear in Panjab
University Examinations and are awarded degrees/ diplomas/
certificates by this University. All changes in the teaching staff are
required to be reported to the Registrar within two weeks for
approval. Dr BC Josan, however, did not get appointment of his son
approved by the University as he was ineligible for the post and
allowed him to continue to teach the students for the entire academic
session 2014-15. Being a Fellow, Member of the Panjab University
Senate that ensures implementation of rules and regulations of the
University, UGC, Government in this University as well as its
affiliated colleges, he grossly abused his position by forcing
students of his college being taught by his unqualified son Mr Gagan
Josan. Action on the part of Principal attracts action by Panjab
University against the erring college for disaffiliation and against
Dr BC Josan for misusing his position as a Senate Member.
5. That the University Grants Commission (UGC) has empowered Panjab
University to award degrees etc. subject to the condition that the
University complies with UGC norms laid from time to time.
Accordingly, students who appear in the Panjab University examinations
and get degrees/diplomas/certificates must be taught by only qualified
teachers, having qualifications as prescribed by UGC. Awarding
degrees/diplomas/certificates through regular mode to students taught
by an unqualified/ineligible candidate is a clear cut violation of the
UGC Regulations and making a mockery of higher education. Panjab
University’s preference to remain a silent spectator to the whole
affair attracts action from UGC against the erring Panjab University
for discontinuance of grants to be released by the commission to the
University.
6. That as per the terms and conditions laid down by Chandigarh
Administration for release of 95% grant-in-aid to the
privately-managed government-aided colleges, the Education Department
of Chandigarh Administration (Director Higher Education/Education
Secretary) are duty bound to ensure implementation of rules and
regulations of the Government, UGC, Panjab University in the aided
colleges and to withhold whole or in part grant to the colleges in
case of any violation or lack of compliance by the college. Action on
the part of Dr BC Josan to appoint his unqualified/ineligible son to a
public post through backdoor, without any approval from the
affiliating University and/or Governing Body of the college,
therefore, amounts to violation of UGC/Panjab University/Government
norms, besides fraud, nepotism, misappropriation of public money and
criminal conspiracy among those who removed all checks and controls
for uninterrupted appointment and continuance of his son. This action,
therefore, invites attention of the Education Department of Chandigarh
Administration to lodge FIR under appropriate provisions of IPC, PCA
and other canons of law, and till then, to discontinue grant-in-aid to
be released to this college from out of the Consolidated Fund of
India.
7. That the Governing Body of the DAV College, Chandigarh is the
employer of employees appointed in the said college, and a person to
the rank of Class-A post like that of Assistant Professor cannot be
appointed by the Principal of the college, who himself is an employee
of the college, though first among equals. Accordingly, Dr BC Josan
cannot, or could not, appoint his son Mr Gagan Josan as Assistant
Professor and withdraw salaries in his name as he was not qualified
for the post. Accordingly, the Governing Body of this college is
required to look into how this appointment obtained its approval, and
if the appointment/pilferage is without such an approval, then to
lodge a criminal complaint in the police for registration of an FIR
and initiate action for recovery of the money illegally
misappropriated by Dr BC Josan from the college funds.
8. That to strengthen the complaint and substantiate allegations with
as much documentary evidence as possible, the complainant has
continuously and consistently been filing applications under the RTI
Act to Panjab University and Director Higher Education, Chandigarh but
most of the queries were ultimately transferred under Section 6(3) of
the Act to the Public Information Officer/Principal of the college, Dr
B.C. Josan, who is none other than the main offender in the whole
affair. Dr Josan adopted evasive strategies on one pretext or the
other in order to drag time so that he could go scot free by
superannuation due in September, 2015. Therefore, at this juncture,
without waiting for logical conclusion of the RTI cases pending
adjudication before Appellate Authorities and Central Information
Commission, New Delhi, the undersigned is constrained to proceed
further with the instant complaint with whatever little information
received so far via ‘Right to Information’.
Enclosed are an application dated 14-05-2015 under RTI Act (Page-5)
and reply dated 12-06-2015 received from Dr BC Josan (Page-6), to
corroborate some of the facts of the complaint as narrated hereunder:
In order to determine eligibility of Mr Gagan Josan for the post of
Assistant Professor, I sought to know at Point F of application status
of his Ph.D. and/or UGC-NET (and certified copies of proof thereof)
prior to his appointment as Assistant Professor in this college. Dr
Josan claimed his son to have possessed the qualification of UGC NET,
but failed to provide any proof. It is strongly apprehended that reply
given by Dr BC Josan is false and the UGC-NET Certificate of Mr Gagan
Josan, if investigated, will prove that he had passed the UGC NET only
later, much after his appointment and he was never eligible for the
post at the time of his appointment.
Dr BC Josan failed to give any comment on the advertisement and
proceedings of the selection committee. He even failed to disclose the
appointment order of Mr Gagan Josan, thereby indicating that there was
certainly something going wrong behind the scenes, otherwise how could
a person join, teach and then get payments in a public institution
without even an appointment letter. Dr Josan further admitted that his
son’s appointment as Assistant Professor was not approved by Panjab
University.
I wanted to assess the exact amount withdrawn by Dr BC Josan from the
college coffers in the name of his son, and accordingly requested him
to disclose month-wise payments withdrawn. I have, however, been given
the rates of payment and conveyance charges as well as the number of
periods attended by Mr Gagan Josan, leaving me to make my own
calculations, instead of disclosing the exact amount released by Dr BC
Josan to his son in the guise of classes, conveyance or whatsoever it
was.
It is learnt that Mr Gagan Josan passed UGC-NET when the process of
filling vacancies of Assistant Professor in various subjects
(including Commerce) on regular/permanent basis in this college was
mid-way. In order to absorb Mr Gagan, recruitment to one of the
vacancies for which candidates were being interviewed in November 2014
was withdrawn, depriving one qualified candidate of his legitimate
right to employment. In order to find out as to what manipulations had
exactly been undertaken in reserving vacancy for Mr Gagan Josan, I
sought file notings, observations and reasons on record of the
selection committee. Dr Josan concealed the record, merely stating:
“No suitable candidate was found for the post of Assistant Professor
in Commerce (un-aided) and the said post was to re-advertise.”
Statement reveals more than what Dr BC Josan has tried to hide on his
pre-planned conspiracy to appoint his son on regular basis in this
college, before someone else takes reigns of the college as its
Principal w.e.f. 01-10-2015.
In view of what has been detailed hereinabove, it is respectfully
prayed to take the action as appropriate, including recovery of the
public money pilfered by Dr BC Josan by illegal appointment of his
son, and to lodge complaint with police for registration of FIR under
appropriate provisions of Indian Penal Code, Prevention of Corruption
Act and other applicable Acts/Statutes, with a further request to
involve the complainant in the case as a party/witness in order to
enable him to submit oral as well documentary evidence in the interest
of justice and fair play.
In case the complaint goes unheeded and the complainant does not
receive any intimation of action taken/initiated against the
offender(s) in this matter within reasonable time as per law of the
land, he will proceed further to knock at the door of court of
appropriate jurisdiction on the assumption that the agencies concerned
are not interested in the matter, impleading them accordingly in the
consequent legal proceedings at their costs.
_________________
Chandigarh, dated 31/07/2015 Dr Rajinder K Singla
M.Sc.,Ph.D.,LL.B.
# 102, Sector 23-A, Chandigarh.
Copy for information & necessary action to:
1) H.E. Dr M. Hamid Ansari, Chancellor, Panjab University &
Vice-President of India, 6, Maulana Azad Road, New Delhi-110011.
Email: vpindia@nic.in
2) Shri Anil Kumar Sinha, Director, Central Bureau of Investigations
(CBI), Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Rod, New
Delhi-110003. Emails: hozchg@cbi.gov.in, hozac@cbi.gov.in
3) Shri Vijay Kumar Dev, IAS, Chief Vigilance Officer (CVO), UT
Chandigarh. UT Secretariat, Deluxe Building, Sector-9, Chandigarh.
Email: adviser-chd@nic.in
4) The Senior Superintendent of Police, Chandigarh, Police
Headquarters, Sector 9, Chandigarh. Email: pssput-chd@nic.in
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