Madha Dental College & Hospital, Rep. by the Dean, Chennai v. Rama Priya
2022-08-16
D.BHARATHA CHAKRAVARTHY, MUNISHWAR NATH BHANDARI
body2022
DigiLaw.ai
JUDGMENT (Prayer: Appeals filed under Clause 15 of the Letters Patent against the common order dated 22.03.2022 passed in W.P.Nos.11921 and 33407 of 2018 on the file of this Court.) Munishwar Nath Bhandari, CJ. 1. The writ appeals have been filed to assail the common judgment dated 22.03.2022 where the following directions were given:- "35. In the light of the above discussion, this Court pass the following order: (i) The 6th respondent/4th respondent College is directed to issue Course Completion Certificates, if not already issued and also issue Certificates for the CRRI Training undergone by the petitioners within two weeks from the date of receipt of a copy of this order, to the petitioners; (ii) The 6th respondent/4th respondent College is directed to forward all the details along with necessary certificates as required to the 4th respondent/3rd respondent University, so as to enable the University to issue Provisional/Degree Certificate to the petitioners, within four weeks thereafter. The 4th respondent/3rd respondent University is directed to issue the Provisional/Degree Certificate within four weeks from the date of receipt of details with necessary certificates from the 6th/4th respondent College and in case the 6th respondent/4th respondent College failed to furnish/apply with necessary details, 4th respondent/3rd respondent University is directed to issue the Provisional/Degree Certificate immediately upon the expiry of two weeks time provided to the College to furnish necessary details, within four weeks, directly to the petitioners; (iii) Each petitioner is entitled to Rs.24,00,000/- (50,000 x 12 x 4) towards compensation payable by the 6th respondent/4th respondent College, since the petitioners have been deprived of the opportunity to become Dentists by the 6th respondent/4th respondent College and remained them idle for the last 4 years, by indulging in malpractice/interpolation of Attendance Register of the petitioners and thereby, restrained the petitioners from the receipt of Course Completion Certificates as well as the Certificates for completion of CRRI Training to the petitioners.
Therefore, this Court directs the 6th respondent/4th respondent College to pay a sum of Rs.24,00,000/- as compensation to each petitioner within a period of one month from the date of receipt of a copy of this order; (iv) The 6th respondent/4th respondent College is directed to refund a sum of Rs.1,35,000/- along with interest at 18% p.a. from 01.04.2016 to till the date of payment to the petitioner Ramya Priya, the fee which was collected from her excessively, within a period of one month from the date of receipt of a copy of this order; (v) The 6th respondent/4th respondent College is directed to refund a sum of Rs.3,25,000/- along with interest at 18% p.a. from 01.04.2016 to till the date of payment, to the petitioner SC.Raja Rajeswari, the fee which was collected from her excessively within a period of one month from the date of receipt of a copy of this order; (vi) The 6th respondent/4th respondent College is imposed with a penalty of only a sum of Rs.3,00,00,000/- (Rupees Three Crores only) for indulging in manipulation of Attendance Registers and produced the said Attendance Registers before this Court and attempted to get orders against the petitioners by relying on the said manipulated/interpolated Attendance, though in a similar situation, the Hon'ble Supreme Court in Sarvepalli Radhakrishnan University and another vs. Union of India and others (cited supra) imposed a fine of Rs.5,00,00,000/- against the College for playing fraud on the Court; (vi)(a) The said amount of penalty of Rs.3,00,00,000/- shall be paid to the 4th respondent/3rd respondent University within a period of eight weeks from the date of receipt of a copy of this order and the 4th respondent/3rd respondent University is directed to utilise the said amount for the purpose of providing scholarship to the poor students those who are undergoing BDS/MDS course, under the Scheme if any available with them, in the event, if no such Scheme is available, the 4th respondent/3rd respondent University is directed to frame appropriate Scheme for providing scholarship and thereafter utilise the said amount; (vii) The 4th respondent/3rd respondent University is directed to pass appropriate orders directing all the Colleges to install bio-metric attendance system for those who are attending the Colleges as well as CRRI Training and for attending all other training programme by the students, to enable the students to mark their presence through the said bio-metric system, which would avoid manipulation of attendance records in future; (viii) The respondents 1, 2, 3 and 8 in W.P.No.33407 of 2018 are directed to conduct investigation with regard to the affairs of the 6th respondent College and to take appropriate action if necessary, for the commission of illegal acts, malpractices etc., including withdrawal of approval and de-affiliation by the University for the future admissions; (ix) In order to avoid the similar incidents in future, if any College indulges in any such illegal activities, the 8th respondent/Dental Council of India and the 4th respondent/3rd respondent University are directed to probe into the same as and when any complaint received from the students and the students are also at liberty to bring to the notice of the Dental Council of India and University which in turn, if necessary, shall depute the students to other college for the purpose of undergoing CRRI training or practical examinations in order to protect the interest and future career of the students; (x) The 6th respondent/4th respondent College is directed to pay the eligible stipend to the petitioners for their CRRI Training period of one year within a period of four weeks from the date of receipt of a copy of this order; (xi) The Chairman, the Director and the Principal of the Madha Dental College and Hospital, who are 5th, 6th and 7th respondents in W.P.No.33407 of 2018 are responsible for the compliance of this order." 2.
Learned senior counsel appearing for the writ appellant institution has mainly assailed the directions given in clauses (iii),(vi), (vi)(a), (viii) and (ix). It is submitted that the compensation amount of Rs.24,00,000/- has been calculated taking the monthly income of the petitioners to be Rs.50,000/- whereas generally the income remains Rs.20,000/- or so and therefore, the amount aforesaid has been calculated excessively. At the same time, challenge to penalty amount of Rs.3 crores has been made, apart from the directions contained in Clauses (viii) & (ix). It is submitted that if the learned counsel for the writ petitioners/respondents agree for a reasonable amount of compensation, then it can be paid instead of Rs.24,00,000/-. 3. Learned counsel for the writ petitioners/respondents submits that if the compensation is settled at Rs.10,00,000/- in all, then the Court may modify the direction given in clause (iii) and appropriate direction can be given in regard to the directions given in clauses (vi) and (vi) (a) so also clauses (viii) and (ix). 4. We have considered the matter in totality and find that so far as the allegations made against the writ appellant institution are concerned, they were quite serious and even alarming and therefore, the writ appellant institution is expected not to repeat such incidences in future and to show bona fide, an affidavit has been filed showing compliance of direction contained in clause (vii) by installing bio-metric attendance system in the institution because the writ petitioners/respondents were shown to be absent for completion of internship training of one year. The certificates for completion were not given, while according to the writ petitioners they had attended the internship training, but were not given the attendance certificates deliberately in order to bargain with them and extract the money. The allegations aforesaid are quite serious, thus, the writ appellant institution deserves to settle the compensation to the students who have suffered on account of their actions. However, finding the amount of Rs.24,00,000/- to be excessive and as the writ petitioners/respondents have agreed to receive a sum of Rs.10,00,000/- in place of Rs.24,00,000/- and is being endorsed by the appellant, the direction given in clause (iii) is modified by substituting the amount of Rs.24,00,000/- with the amount of Rs.10,00,000/-, while maintaining the direction otherwise. 5.
However, finding the amount of Rs.24,00,000/- to be excessive and as the writ petitioners/respondents have agreed to receive a sum of Rs.10,00,000/- in place of Rs.24,00,000/- and is being endorsed by the appellant, the direction given in clause (iii) is modified by substituting the amount of Rs.24,00,000/- with the amount of Rs.10,00,000/-, while maintaining the direction otherwise. 5. So far as the directions given in clause (vi) and (vi) (a) are concerned, we find it to be exorbitant and would not be appropriate though the allegation against the writ appellants are quite serious and upon realising the aforesaid, we have given a direction to them not to repeat such incidences in future, otherwise it would be a fit case to recommend de-recognition of the institution by the competent authority by the process of law. In view of the above, we set aside the direction given in clauses (vi) and (vi)(a). 6. In view of the fact that the writ appellants have now installed the bio-metric attendance system, the direction given in clauses (viii) and (ix) are also ordered to be deleted. 7. The payment of the amount given above would be made to the students within a period of one month from today and the degree to the students would now be issued by the University within a month, if no other formalities are required to be completed. 8. With the aforesaid substitution and deletion, the other part of the order is maintained. However, again and at the cost of repetition, it is given out that in future, if incidences of the nature indicated in the order passed by the learned Single Judge are repeated, the writ appellant institution may be caused with derecognition and non-affiliation of the course involved herein. With the aforesaid, the writ appeals are disposed of. No costs. Consequently, C.M.P.Nos.7198 and 7206 of 2022 are closed.