ARTICLE
11 November 2024

Scams Galore: India's Education Sector Under Siege

HS
Hammurabi & Solomon

Contributor

Hammurabi & Solomon Partners, established in 2001 by Dr. Manoj Kumar, ranks among India’s top 15 law firms, offering a client-focused, solutions-driven approach across law, policy, and regulation. With over 16 leading partners and offices in key Indian cities, the firm provides comprehensive legal services, seamlessly guiding clients through the complexities of the Indian legal landscape. Known for quality and innovative problem-solving, H&S Partners is committed to client satisfaction through prompt, tailored counsel and deep sector expertise, impacting both national and international legal frameworks.

India's education sector, a cornerstone of its development, has been under siege lately. While policies and regulations aim to ensure quality and accessibility, the ground reality paints a different picture.
India Consumer Protection

India's education sector, a cornerstone of its development, has been under siege lately. While policies and regulations aim to ensure quality and accessibility, the ground reality paints a different picture. A systemic breakdown in terms of implementation, starting from the bottom and trickling up, has allowed scams to flourish. From irregularities in accreditations, to fraudulent degrees, the education sector is grappling with a crisis of trust. The education sector has recently been riddled with incidents of fraud starting from universities to competitive examinations. This article highlights the recent updates on lack of implementation if regulation in the education sector:

The University Grants Commission (UGC) has unveiled a list of 20 fake universities operating in India, with Delhi emerging as the most affected region, housing eight of these illegitimate institutions. These fraudulent establishments are not just in Delhi but all over India as well and their varied geographic distribution draws attention to systemic flaws and uneven oversight between areas.

More recently, on 15.07.2024 the Directorate of Enforcement Guwahati Zonal Office has provisionally attached assets worth Rs.7.56 Crore under the provisions of Prevention of Money Laundering Act (PMLA), 2002 in the case involving "fraud committed in issuance of degree certificate", against M/s CMJ University, Shillong, Meghalaya, Chandra Mohan Jha, his family members and others. Investigations revealed that after selling fake degrees, the funds received were diverted after rotating amongst bank accounts in various banks and Mutual Funds that were maintained by the members of the Jha family and were termed as genuine transactions while also investing some of the funds in Fixed Deposits. The investigation unearthered that the alleged Proceeds of Crime (POC) were also invested in land properties.

The lack of proper check and balances in terms of implementation can also be seen in the complete systemic failures witnessed even in the highly competitive examinations like the recent Paper leaks and Mismanagement at the NEET UG examinations. Even despite the recognition that certain untoward elements have been at play, but due to the absence of cogent materials as per the current stage of CBI's investigation to indicate that the leak was systemic affecting the sanctity of the entire exam, the Hon'ble Supreme Court on 23.07.2024 directed the refusal to cancel the NEET-UG 2024 exam on the grounds of paper leak and malpractices.

However, the Hon'ble Apex Court also directed National Testing Agency to re-tally the results based on a report submitted by IIT-Delhi team on the tricky and ambiguous questions in the paper. The CBI's disclosures indicate that the investigation remains active, and it appears that the scam has implicated 155 students from exam centres in Hazaribagh and Patna.

Furthermore, the Indian Administrative System also unfortunately saw a similar fraudulent case, where Puja Khedkar, a probationary IAS Officer was accused of using fraudulent means to clear the civil services exam by submitting fake disability and caste certificates and also gave around 12 attempts of the prestigious UPSC Exam by faking her identity, including changing her name, parent's name, photo, signature, email ID, phone number, and address.

Delhi Police Crime Branch had booked Ms. Khedkar on July 19 for fraudulently obtaining an Other Backward Classes certificate and a Persons with Benchmark Disabilities certificate to clear the Union Public Service Commission examination. The authenticity of various certificates submitted by her to the commission is being probed. Based on the events, her candidature was cancelled by the UPSC.

Running on similar lines, the Chattisgarh Public Services Commission scam involves serious allegations of nepotism and corruption in the recruitment of government positions between 2020 and 2022. The investigation, scrutinizing 171 selected candidates with 17 specifically named in the FIR, underscores systemic issues of corruption and favouritism in public service recruitment, raising significant concerns about the integrity and fairness of civil service appointments.

There are regulations in place but what is lacking is the skilful implementation of these regulations. All these issues highlight the irregularities in the system, the corruption, lack of awareness and judicial delays. The need of the hour is a robust, multi-pronged strategy that involves stringent enforcement, increased transparency, and public awareness.

Article References:

  1. Sanjay Sharma, Delhi Tops the list of fake universities in India, UGC List Shows, Times of India, 03.10.2023. Available at : https://timesofindia.indiatimes.com/education/news/delhi-tops-the-list-of-fake-universities-in-india-ugc-list-shows/articleshow/104125862.cms

  2. Press Release, Directorate of Enforcement, 15.07.2024. Available at:https://enforcementdirectorate.gov.in/sites/default/files/latestnews/PRESS%20RELEASE%20-%20CMJ%20UNIVERSITY%20PAO-15.7.2024.pdf

  3. Vanshika Yadav v. Union of India And Ors. W.P.(C) No. 335/2024.

  4. Press Release, CBI, 25.07.2024. Available at: https://cbi.gov.in/press-detail/NjQzMg==

  5. "Delhi Police may summon IAS probationer Pooja Khedkar in cheating case", The Hindu, 25.07.2024. Available at https://www.thehindu.com/news/national/maharashtra/delhi-police-may-summon-ias-probationer-pooja-khedkar-in-cheating-case/article68444073.ece

Originally published 21 August 2024

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