3 July 2023 7:45 AM GMT
The Karnataka High Court has directed a Nursing college to compensate ten students a sum of Rs 10 lakhs each for causing the loss of one year by admitting the students post the deadline for admissions set by the University. A single judge bench of Justice Suraj Govindaraj directed the Mother Marry College of Nursing to compensate the students. Further, it directed the Rajiv Gandhi University...
The Karnataka High Court has directed a Nursing college to compensate ten students a sum of Rs 10 lakhs each for causing the loss of one year by admitting the students post the deadline for admissions set by the University.
A single judge bench of Justice Suraj Govindaraj directed the Mother Marry College of Nursing to compensate the students. Further, it directed the Rajiv Gandhi University of Health Sciences, to initiate such action against the College as may be available in law including filing of criminal complaint and administrative action against charter of the respondent-University.
The college and the students who were admitted for the first year B.Sc.Nursing course in the academic year 2021- 22 had approached the court seeking a direction to the University to open the University portal for enabling online submission of applications of the college students and permit them to appear for the exams.
It was argued that despite the admissions having been made, the details could not be uploaded by the cut off date since the portal had glitches and there were some technical errors.
The University argued that the names of the students have been inserted in the Register of admission of the college by pasting a paper on the existing names and even after the admissions have been completed, names of some students have been added. It further argued that even if there is a technical issue, the College could have forwarded the details through email.
The bench inspected the Register of Admission of the college and found that the names of petitioner No.2 was added by pasting a small piece of paper in line with the grid of columns and rows, as if to show that the name always existed in the Register. Similar is the situation as regards, petitioner No.3 6, 7 and 8. As regards, petitioner Nos.9 and 10, their names were added after verification by the Principal and the Assistant Registrar and no details were found as regards their address and other personal details.
Similarly on inspecting the Attendance Register it was found that the names of the students though alphabetically arranged, the names of the petitioners were mentioned thereafter in haphazard manner.
Following which the bench said “All these lead to an irresistible conclusion that the petitioner No.1-College has fabricated the Register of Admission by pasting a sheet of paper to include the names of the students as if to contend that they had been admitted within time and their details could not be uploaded only on account of technical glitch.”
Court also noted that the last date for uploading the details was 07.04.2022 but the first request made by the College to the University was on 10.01.2023, i.e., after a gap of more than 8 months. “The manner in which the petitioner No.1-College has indulged in the aforesaid activities is shocking to say the least. Petitioner No.1 College is playing with the lives of the students and their parents who had their hopes and aspirations that the students could have joined the petitioner No.1-College to study B.Sc. Nursing course and make their livelihood for themselves,” Court remarked.
Accordingly it dismissed the petition and directed the College to make good the losses which have been caused to the students.
Case Title: Mother Marry College of Nursing & Others And The Registrar
Case NO: WRIT PETITION NO.200583 OF 2023
Citation: 2023 LiveLaw (Kar) 248
Date of Order: 21-06-2023
Appearance: Advocates Pradeep Kumar P K, S S Mamadapur for Petitioners.
Advocate R J Bhusare for R1
HCGP Maya T R for R2.
Click Here To Read/Download Order