Allowed

Alvas Homeopathic Medical College v. Rajiv Gandhi University of Health Sciences

Karnataka HC17 Jul 2023WP/5687/2023

Case brief

AI extract

What is this about?

High Court allowed a writ petition challenging the inaction of a University in approving student admissions. The Court directed the University to admit students admitted post-cut-off by the College, imposed exemplary costs on the College, and mandated surrender of a management seat.

What did the court decide?

Writ petition allowed. University directed to approve admissions. College ordered to pay exemplary cost of Rs. 5,00,000/- and surrender one management seat.

Alvas Homeopathic Medical College Vs Rajiv Gandhi… — Education and Admissions | Karnataka HC (2023)

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NC: 2023:KHC:24871 WP No. 5687 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5687 OF 2023 (EDN-RES)

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BETWEEN:

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ALVAS HOMEOPATHIC MEDICAL COLLEGE NH-13, SHOBAVANA CAMPUS, MANGALORE TALUKA, DAKSHINA KANNADA DISTRICT, THENKAMIJAR, MOODBIDRI, KARNATAKA, REPRESENTED BY ITS PRINCIPAL, DR. HERALD ROSHAN PINTO, AGED ABOUT 51 YEARS, R/O. MOODBIDRI, DAKSHINA KANNADA DISTRICT-574225

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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ZULFATH C. Y. D/O YOUSUF. C, AGED ABOUT 21 YEARS

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ATHMAJA. K. A. D/O ANIRUDHAN. K. B, AGED ABOUT 21 YEARS

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PETITIONERS NO.2 AND 3 ARE STUDENTS OF ALVAS HOMEOPATHY MEDICAL COLLEGE, NH-13, SHOBAVANA CAMPUS, MANGALORE TALUKA, DAKSHINA KANNADA DISTRICT, THENKAMIJAR MOODBIDRI, KARNATAKA,

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NC: 2023:KHC:24871 WP No. 5687 of 2023

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AND RESIDENTS OF MOODBIDRI, DAKSHINA KANNADA DISTRICT-574225

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…PETITIONERS

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(BY SRI. SUMANGALA GURUDEV GACHCHINAMATH, ADVOCATE)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, 4^TH T BLOCK, JAYANAGAR, BENGALURU-560 041, REPRESENTED BY ITS REGISTRAR.

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…RESPONDENT

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(BY SMT. FARAH FATHIMA, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO APPROVE THE ADMISSION FORMS VIDE ANNEXURE-B SERIES AND C SERIES RESPECT OF THE PETITIONERS NO. 2 AND 3 WHO ARE PERSUADING THEIR STUDIES IN PETITIONER NO. 1 INSTITUTION FOR THE UG (BHMS) COURSE FOR THE ACADEMIC SESSION 2021-22.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed seeking for the

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following reliefs:-

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"a) Issue a writ of mandamus directing the respondent to approve the admission forms vide Annexure-B series and C series in respect of the petitioners No.2 and 3 who are persuading their studies in petitioner No.1 -

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3 - NC: 2023:KHC:24871 WP No. 5687 of 2023

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institution for the UG (BHMS) course for the academic session 2021-22.

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b) Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case in the interest of justice and equity."

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Petitioner No.1 - College and its students i.e., petitioner Nos.2 and 3 are before this Court feeling aggrieved by the inaction on the part of the respondentUniversity in declining to approve admission of petitioner Nos.2 and 3 for the UG (BHMS) course for the academic session 2021-22. Petitioner No.1 - College claims that though college had sent the list of students seeking approval for admission including that of petitioner Nos.2 and 3, respondent - University has not approved the admission. Petitioner No.1 - College further claimed that college could not upload the admission forms as the online portal was closed on 10.05.2022. Therefore, a detailed representation was submitted by the college as per

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4 - NC: 2023:KHC:24871 WP No. 5687 of 2023

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Annexure-E. However, petitioners claim that the said representation has not been considered till date.

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Heard learned counsel appearing for the petitioners and learned counsel appearing for the

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respondent-University.

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The case on hand clearly depicts the manner in which the Colleges are admitting the students beyond the cut-off date and then passing the blame on respondentUniversity. The standard ground in all these identical writ petitions which are filed by colleges is that the online portal was closed and therefore, they could not upload and furnish the details of students admitted, is clearly to cover up the admissions made by college after the cut-off date.

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On examining the records, I am of the view that the present case on hand does not require any roving enquiry to ascertain whether the college has indulged in admitting students beyond cut-off date. Though college has made a claim that entire list of 100 students was sent

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5 - NC: 2023:KHC:24871 WP No. 5687 of 2023

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to University and petitioner Nos.2 and 3 were part of the original list of students stands falsified in view of the approval list issued by the respondent-University.

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The colleges are often taking chances. After

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respondent-University approves the list and if vacancies are found on account of non approval of some of the students, the colleges indulge in making up these vacancies by giving admissions to students beyond cut-off date. Therefore, this is a clear case where admission is given to a student in blatant violation of the time schedule fixed by National Commission for Indian System of Medicine (NCISM).

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In identical cases, the co-ordinate Bench of this Court imposed exemplary cost and issued mandamus to the respondent-University to approve the admission.

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In the present case, it is petitioner Nos.2 and 3 whose future is at stake on account of unlawful admission tendered by the college. As rightly pointed out by learned

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6 - NC: 2023:KHC:24871 WP No. 5687 of 2023

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counsel for University, petitioner college has also indulged in fabricating the documents.

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Taking a lenient view bearing in mind the interest of the students, who took admission with bonafide intent, I am of the view that the captioned petition needs to be allowed only to meet the ends of justice. The college also needs to be saddled with exemplary cost for having violated the time stipulated by the Apex body for taking admission of the students. Therefore, this Court is of the view that this is a fit case where exemplary cost of Rs.5,00,000/- has to be imposed on the college for having fabricated the list of students while filing the captioned writ petition. Petitioner-college is also bound to give an undertaking that henceforth, it will not admit students beyond cut-off date. In such an event, it is well within the jurisdiction of the University to withdraw the affiliation.

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With the above observations, I pass the following:

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NC: 2023:KHC:24871 WP No. 5687 of 2023

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ORDER

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(i) The writ petition is allowed ;

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(ii) The Respondent University is hereby directed to approve the admission of petitioner Nos.2 and 3 and permit them to pursue the course and attend the exam, subject to eligibility;

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(iii) The petitioner No.1 - College shall deposit cost of Rs.5,00,000/- (Rupees five lakhs only) with the respondent-University, within a period of four weeks from today;

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(iv) Having admitted the students beyond cut-off date, petitioner-Medical College shall surrender one management seat to the Government during the next academic year i.e., 2024-25;

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(v) The petitioner-Medical College shall submit an undertaking to the respondent University that it will not repeat such mistake of admitting the students beyond cut-off date;

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(vi) In the event there is violation and students are admitted beyond cut-off date, respondent University is at liberty to hold an enquiry and withdraw the affiliation of the petitionerMedical College, if situation warrants;

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NC: 2023:KHC:24871 WP No. 5687 of 2023

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(vii) Learned counsel for the petitioners shall orally communicate this order to the respondentUniversity to announce the results;

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(viii) The pending interlocutory application, if any, does not survive for consideration and stands disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 64

Alvas Homeopathic Medical College v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

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Alvas Homeopathic Medical College v. Rajiv Gandhi University of Health Sciences

Case brief

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