Parent’s Association Of Medical Students,Maharashtra v. Director General Of Income-Tax (Inv) Pune & Ors

Amk (16) PIL 82-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 82 OF 2006 Parent’s Association of Medical Students,Maharashtra .. Petitioner Vs. Director General of Income-Tax (INV) Pune & Ors. .. Respondents Mr. L. M. Acharya for the Petitioner. Mr. Nisha Mehra, AGP for Respondent Nos.3 & 18. Mr. Ganesh Gole for Respondent No.6-MCI. Mr. Prabhakar Jadhav i/b Mr. V. P. Sawant for Respondent Nos.11 & 12. CORAM :PRADEEP NANDRAJOG, C.J. &N. M. JAMDAR, J. DATE :7 th JUNE, 2019. P. C.: 1.Case pleaded in the Public Interest Petitions is that RespondentNos.7 to 18 are Trusts which have established medical colleges. Someof them are affiliated to State Universities and some of them haveindependent status of deemed universities. It is pleaded that in themonth of July-August, 2005 Income Tax Department conducted raidsand recovered incriminating documents showing money laundering andtax evasion. It is pleaded that from the documents seized siphoning offunds emerged. Grievance is to the Income Tax Department not taking (16) PIL 82-06 the raids to their logical conclusion and to the continued approval to theprivate Respondents to continue education in the field of medicines andthe deemed Universities status granted to Respondent Nos.7 to 18. 2.The response filed by the Income Tax Authority brings out thatafter the raids were conducted, the documents seized were processed,notices required were issued and assessment order was passedconcerning the private Respondents. Response filed to the right tocontinue to impart education is that after evaluating the infrastructureavailable and as per policy, it being found that the entitlement for grantof deemed Universities status was as per law. 3.To the counter affidavits which were filed way back in the year2007, no rejoinder has been filed by the Petitioner. 4.A Public Interest Litigation cannot be pursued at the pleasure ofthe Petitioner and thus keeping in view the reply we terminate thePublic Interest Petitions by discharging the notice. 5.Public Interest Petition is disposed of accordingly. [N. M. JAMDAR, J.]