Mahadevappa Rampure Medical College v. State of Karnataka Medical Education, Ministry of Health & Family Welfare
2014-10-29
DILIP B.BHOSALE
body2014
DigiLaw.ai
Judgment : 1. By consent of learned counsel for the parties, petitions are heard for final disposal at this stage. 2. Petitioner No.1 is Medical College. Remaining petitioners are the students of 1st year MBBS Course admitted by petitioner No.1, for the academic year 2013-14. They seek the following reliefs in writ petitions: "(a) Issue a writ in the nature certiorari or any other appropriate writ or order or direction, quashing, the impugned endorsement dated 13.6.2014 in No.RGUHS/AC2/ADM/MBBS/MO15/2013-14 under Annexure-F issued by the 2nd respondent, in the interest of justice. (b) Issue a writ of mandamus of any other appropriate writ, order or direction directing the respondents to declaring that, the admissions granted to the petitioners No.2 to 5 are valid and, that they are entitled to continuation of their studies by grant of approval of their admissions in the interest of justice." 3. Respondent No.2-University, by their letter/communication dated 13.06.2014, rejected the admissions given to petitioner Nos.2 to 5 for the reasons stated therein. The relevant portion of the letter dated 13.06.2014 reads thus: "Adverting to the above, I write to inform you that on verification of the documents submitted by you and on verification of online data it has been observed that the data of some of the students is not found in the online statement. Since the data of the following students is not uploaded in the University website on or before 30.09.2013 (5:30 PM), as specified in the UG Medical admission calendar of events of 2013-14 of RGUHS, which is based on the orders of the Hon'ble Supreme Court of India/Medical Council of India. Further to inform you that in the meeting held on 05.06.2014 (Ref No-2) you were informed to submit any evidence, such as fee receipt book, payment details of fee paid by these students, any other documents in proof of the students admitted on or before the last date i.e. 30/09/2013. But you have not even responded in this regard so far. Hence the admission of the following students are rejected as per the decision taken in the meeting cited under Reg No.3." 4. It is in this background, the petitioners have approached this Court for the aforementioned reliefs. 5.
But you have not even responded in this regard so far. Hence the admission of the following students are rejected as per the decision taken in the meeting cited under Reg No.3." 4. It is in this background, the petitioners have approached this Court for the aforementioned reliefs. 5. Sri K.Shashikiran Shetty, learned Senior Advocate appearing for the petitioners at the outset invites my attention to the order dated 27.08.2014 passed by this Court in Writ Petition Nos.20602 & 20624/2014 and submits that under similar circumstances this Court issued directions to respondent-University to examine the documents to be submitted by petitioners therein and if otherwise they are found eligible, their admissions should be approved subject to payment of Rs.2,000/- in respect of each of the petitioners to be borne by the institution. 6. I have perused the order dated 27.08.2014, which reads thus: The petitioners in these petitions are aggrieved by the common action of the first respondent whereunder the first respondent by issue of communication dated 29.04.2014 has indicated to the second respondent- institution that the admission of the petitioners is not approved for the reasons indicated therein. 2. The petitioner in W.P.No.20602/2014 had joined the second respondent-institution for the DMRD Course while the petitioner in W.P.No.20624/2014 had joined the second respondent-institution for DCH Course. The reason indicated by the first respondent to reject the admission of the petitioners is that the details of the admission had not been uploaded by the second respondent-institution on or before 31.05.2012 (5.30 pm). The said time frame had been set by the Hon'ble Supreme Court to complete the admission process. 3. The petitioners as well as the second respondent institution contend that the second respondent had attempted to upload the details before the time frame fixed, but there was certain technical difficulties in uploading due to the problem in the website of the first respondent. 4. In such circumstance, in several cases, this Court had directed the first respondent-University to consider the case of the students for approval of admissions, if they are otherwise eligible subject to the institution concerned paying Rs.2000/- in respect of each student. 5. In the instant case, the learned counsel for the first respondent submits that it is required to verify as to whether in fact the second respondent-institution had completed the admission process prior to the last date fixed by the Hon'ble Supreme Court.
5. In the instant case, the learned counsel for the first respondent submits that it is required to verify as to whether in fact the second respondent-institution had completed the admission process prior to the last date fixed by the Hon'ble Supreme Court. On this aspect, the onus is certainly on the second respondent to establish that the admission of the petitioners to the DMRD Course and DCH Course respectively, had been completed before 31.05.2012. If such documents are produced, the first respondent shall examine the same and if the petitioners are otherwise eligible, their admissions shall be approved subject of course to the payment of Rs.2,000/-in respect of each of the petitioners which shall be borne and paid by the second respondent-institution. The second respondent shall furnish all particulars to the first respondent-University for verification. The University shall take a decision in the manner as indicated above as expeditiously as possible but not later than two weeks from the date on which all particulars are furnished by the second respondent-institution. These petitions stand disposed of accordingly. 7. It appears that the petitioners in the present writ petition and the petitioners in Writ Petition Nos.20602 & 20624/2014 are similarly placed. 8. Learned counsel appearing for the University made an attempt to distinguish the case of the present petitioners from the petitioners in those petitions by inviting my attention to Annexure-E dated 29.05.2014. By this letter, petitioner No.1, was called upon to submit relevant documents in respect of petitioner Nos.2 to 5. He submits that despite this communication, petitioner No.1-institution did not submit the relevant documents so as to examine whether petitioner Nos.2 to 5 were eligible and their admissions had been completed before 30.09.2013. 9. It may be true that petitioner No.1 did not furnish the documents as demanded by the University, but that by itself, in my opinion, cannot be a ground to deprive them of the relief as was granted by this Court to the petitioners in Writ Petition Nos.20602 and 20624/2014. I deem it appropriate to give the petitioners one more opportunity to submit the relevant/necessary documents. 10. Hence, I dispose of these writ petitions by the following order: i) The 1st petitioner, on the basis of relevant record/documents, are directed to establish that the admission of petitioner Nos.2 to 5 to their college had been completed on/or before 30.09.2013.
I deem it appropriate to give the petitioners one more opportunity to submit the relevant/necessary documents. 10. Hence, I dispose of these writ petitions by the following order: i) The 1st petitioner, on the basis of relevant record/documents, are directed to establish that the admission of petitioner Nos.2 to 5 to their college had been completed on/or before 30.09.2013. ii) Petitioner Nos.2 to 5 shall furnish documents, if any, to petitioner No.1 in support of their eligibility and/or to establish their admission on/or before 30.09.2013, within one week from today. iii) If Petitioner No.1 furnish record/documents in support of their claim, the respondent-University shall examine the same, and if the petitioners are otherwise eligible, their admissions may be approved subject to payment of Rs.5,000/- in respect of each of the petitioner-students to be borne and paid by the 1st petitioner. iv) Petitioner No.1 shall furnish the relevant record/documents to the respondent-University, as aforementioned, for examination/verification within a period of ten days from today. v) The respondent-University shall complete the process of verification/examination of the record/documents and take decision in the manner as indicated above, in accordance with law, as expeditiously as possible and preferably within a period of three weeks from the date on which all particulars are furnished by petitioner No.1-Institution. With these observations, writ petitions are disposed of.