Rajasthan High Court Stays Order Imposing Fine Of ₹7.5 Lakh Per Student On Dental College For Granting Irregular Admissions

The Rajasthan High Court has stayed an order of the single bench which had imposed a fine of Rs. 7.50 Lakhs per student on Vyas Dental College for providing irregular admissions to dental students in the academic years 2018-19 and 2019-20.

The division bench of Justice Munnuri Laxman and Justice Bipin Gupta was hearing the appeal filed by Vyas Dental College claiming that the such substantial, onerous and unwarranted fine was imposed without any prayer or prior notice to the appellant, and that too in addition to a separate penalty of Rs. 1 crore by the Rajasthan University of Health Sciences (RUHS).

Meanwhile the respondents–Dental Council of India (DCI) and RUHS argued that  amounts were awarded for flagrant violation of admission procedure. It was argued that the conduct of the College in not intimitating regarding the discharge-order passed by the DCI to students, who have been wrongly admitted is contrary to the procedure of admission. 

After hearing the contentions the court while issuing notice on the appeal said:

"Considering the above contentions of the learned counsel appearing for the appellant as well as the respondents, we are of the view that the present special appeal requires admission as the impugned order not only imposed fine but also imposed default condition of debarment in the event fine is not deposited. In the opinion of this Court, we are inclined to stay the operation of the impugned order so far as the payment of fine as ordered by the learned Single Judge against appellant, subject to the appellant depositing Rs.5,00,000/- for each student". 

The matter pertained to admission of certain medical students in 2018-19 and 2019-20 by the appellant, wherein for some of the students, despite being admitted their names were not uploaded on the official website of the Dental Council of India, and some other students were allowed admission, without any registration with the counselling board.

In this matter, the single bench had opined that it was high time that the private colleges desisted from giving irregular admissions. And as a penalty, the appellant was directed to submit Rs. 7.5 lakhs per student.

Against this order, the appellant had approached the division bench of the Court, arguing that apart from the fine imposed by the single bench, RUHS had also initiated proceedings against the appellant in relation to these irregular admissions resulting in imposition of a fine of Rs. 1 Crore. It was submitted that there could not be double fine for the same violation.

The court said that the amount shall be deposited to RUHS within four weeks after the receipt of the court's certified copy of the order, and the amount shall be kept in Fixed Deposit Receipt (FDR) during the pendency of the present appeal.

The matter is now listed on October 29.

Title: Vyas Dental College and Hospital v Rajasthan University of Health Sciences & Ors.

Click Here To Read/Download Order