Kerala High Court Issues Notice In Plea To Prevent Private Educational Institutions From Using Prefixes Such As 'India', 'Indian'

While considering the matter, a Division Bench comprising Chief Justice A.J. Desai and V.G. Arun has issued notice to the educational institutions who are arrayed as respondents- Lakshya Indian Institute Of Commerce Private Limited, Indian Institute Of Emergency Medical Services, Indian Institute Of Hotel Management Studies, Indian Institute Of Financial Planning, Indian Institute Of Dental Technology And Indian Institute Of Paramedical Science & Technology.

The plea avers that private educational institutions are using such prefixes before their names for commercial gain by misleading the students by giving a deceptive impression that such institutions are promoted by the Government of India.

The plea avers that provisions of the Emblems and Names (Prevention of Improper Use) Act prohibit the usage of terms like 'India', and 'Indian' by non-governmental agencies or organizations.

The plea states that the advertisement of Lakshya Indian Institute of Commerce Private Limited shows the logo of the institute by highlighting the words 'Indian Institute of Commerce' and by minimizing the term 'Lakshya' to mislead and deceive students.

The petition also relies upon the decision in Riyasudheen K & Ors. V. The Inspector General of Registration & Anr to aver that the Act has been enacted to prevent commercial entitles from exploiting citizens by using misleading names.

The petitioner states that he has submitted representations before the Union Minister for Human Resource Development, the Union Minister for Information and Broadcasting regarding the misleading and deceptive advertisements used by these educational institutions in various print, broadcast, and social media platforms.

The plea stated that these representations had been forwarded to concerned ministries for taking action. However, no action has been taken yet.

“The use of the prefixes 'India' and 'Indian' by private educational institutions is highly misleading especially to the young and gullible aspiring students freshly graduating from school, who would in all probability, compare the private educational institutions with the premier public institutions such as Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, and the like.”, the plea stated.

Thus, the plea was filed seeking directions from the Court to prevent private educational institutions from using prefixes like 'India', 'Indian' without approval from the authorities under the Emblems and Names (Prevention of Improper Use) Act.

An interim relief was also sought against the educational institutions for immediate removal of prefixes such as 'India', and 'Indian' from the advertisements, websites and other promotional materials.

The plea has been moved by Advocates K.Dhruv Kumar, Shakthi Prakash And Harikrishnan M.S.

Case Name: Manoj Kumar B V Ministry Of Consumer Affairs & Others, WP(C) 41145/ 2023