'Institution Failed To Complete Formalities Before Admitting 60 Students': Allahabad HC Imposes Rs 2L Cost On A University

The Allahabad High Court, on Friday, imposed a cost of Rs. 2 Lakhs on C/M Smt. Vimala Devi Mahavidyalay Bhamai for admitting 60 students in additional section without completing the formalities as required.

The bench comprising of Justice Piyush Agrawal observed that

“Since the last instruction of the respondent no. 2 shows that some formalities have not been completed by the petitioner - Institution before taking admission of 60 students in the additional section, the petitioner shall deposit a sum of Rs. 2 lacs with the Registrar General of this Court on or before 19.12.2023. Further, an affidavit of deposit of Rs. 2 lacs, along with receipt, shall be filed by the petitioner by 20.12.2023 and copy of this order, along with deposit, shall also be submitted before the District Magistrate, Prayagraj.”

Petitioner-Institution is affiliated with the State University and by order dated 11.08.2022, 40 seats were increased, which comes to 160 seats (in two sections). Thereafter, the petitioner moved an application for an additional section, which was allowed and the seat was also increased for 60 more students. In addition section, there are 60 students and by order dated 19.09.2023, 60 students + 160 students as per order dated 11.08.2022 comes to 220 students, but while passing the order dated 19.09.2023, extra seat, which was permitted by the order dated 11.08.2022, was not taken care of.

The petitioner, after the above two orders, has completed its process for admission of students and submitted all due fees and formalities to the respondent, but no order has been passed to date, nor any order for registration of 40 students has been passed. He further submitted that the examination of B.Sc. (Bio Group) is going to start on 15.12.2023. The students are going to suffer for no fault, but inaction of the respondents.

Counsel for the respondent sought time for instruction and also stated that supplementary examination could be taken for the 40 students.

On Friday, when the case was taken up for hearing, the Court was informed that due to oversight on the part of the concerned clerk and a technical glitch, out of 60 students in the additional section, only 20 were permitted to submit their fees and complete other formalities.

Counsel for the respondent failed to answer the query Court as to why the remaining 40 students would suffer on account of action or inaction on the part of the respondents.

“Since every semester/examination is important for the future career of students, they should not be made to suffer merely on account of the fault of the respondent or the College as indicated in the last instructions dated 16.12.2023,” observed the Court while directing respondent to permit remaining 40 students of the additional section to participate in the examination.

While imposing a cost of Rs. 2 lakh on the petitioner for admitting students without completing formalities, the Court directed that if the petitioner fails to deposit the amount, the same shall be recovered by the District Magistrate, Prayagraj.

The case is directed to be listed on 23rd January, 2023.

Case Title: C/M Smt. Vimala Devi Mahavidyalay Bhamai v. State of U.P. and Another [WRIT - C No. - 43297 of 2023]

Citation: 2023 LiveLaw (AB) 506

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