Managements Of Colleges Acting Contrary To Law And Later Projecting Students To Claim Equities Is Deplorable: Supreme Court

Managements of Colleges acting contrary to law and later projecting students to claim equities is deplorable, the Supreme Court observed while disposing of a special leave petition filed by a student.

In this case, the Admission and Fee Regulatory Committee disapproved the admission of some students in P.N. Panicker Soudhruda Ayurveda Medical College Hospital and Research Centre on the ground that they had not submitted their applications on-line. This order was challenged before the Kerala High Court by the Principal of the said College. The said writ petition was dismissed, but the students were permitted by the College to attend on-line classes for the 2nd year which commenced on 1.4.2021.

In appeal, the students contended that there is no statutory provision which makes it compulsory for admissions to be made only on the basis of on-line applications and that there was a genuine difficulty on the part of the students in not being able to make on-line applications as the server was not functioning. They further contended that they are NEET qualified candidates and there is no other disqualification for their admission. 

The bench comprising Justices L.Nageswara Rao and S. Ravindra Bhat, however, noted that the procedure that was contemplated for filling up the NRI seats through on-line counselling has not been followed by the Management. The Management should not have permitted the students to attend classes after the judgment of the High Court, especially, when there is no order passed by this Court staying the said judgment, it said. The Court added that the students should have approached the Supreme Court Court immediately after the judgment of the High Court.

However, in the facts and circumstances of this case, the court permitted the students to complete the course. The court also noted the decision in Anitta Job vs. State of Kerala 2018 (16) SCC 792, in which it was held that the admission of the students cannot be disapproved only on the ground that there was no on-line registration provided they are otherwise qualified and eligible.

"The decision to permit the students to continue their course does not absolve the Management of their wilful misconduct in permitting the appellants to attend classes even after the judgment of the High Court dismissing the writ petition filed by the Principal of the College. The Management of the College is responsible for permitting the Appellants to attend classes even after the dismissal of the Writ Petition and it is liable to be penalized. The Management of the College is directed to pay costs of Rs. 10 Lakhs for its wilful act in disobedience of the judgment of the High Court. Managements of Colleges acting contrary to law and later projecting students to claim equities is deplorable. The Management is warned to be careful in the future.", the court said.

The bench further added that the amount of Rs. 10 Lakh shall be transferred to the Supreme Court Bar Association for utilizing it to assist the needy Advocates affected by the pandemic.

Case: Anakha K. Vs. The Admission And Fee Regulatory Committee For Medical Education In Kerala [CA 2309 /2021]

Coram: Justice L. Nageswara Rao and S. Ravindra Bhat

Citation: LL 2021 SC 284

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