29 Oct 2022 12:00 PM GMT
The Madhya Pradesh High Court recently reprimanded a Medical Institution for admitting students for a course without fulfilling the condition of seeking affiliation from the MP Medical Science University. The Court also expressed its displeasure at the M.P. Paramedical Council for not being vigilant to prevent the Institution from illegally admitting students. The division bench...
The Madhya Pradesh High Court recently reprimanded a Medical Institution for admitting students for a course without fulfilling the condition of seeking affiliation from the MP Medical Science University. The Court also expressed its displeasure at the M.P. Paramedical Council for not being vigilant to prevent the Institution from illegally admitting students.
The division bench comprising Justices Sheel Nagu and Virender Singh went on to impose cost on the parties and held them responsible for putting the academic career of students in jeopardy-
The petitioner- Institute is directed to pay cost of Rs.25,000/- (Rupees Twenty Five Thousand) to each of the students admitted in the courses of Diploma in Medical Lab. Technician qua the academic session 2018-19 by digital transfer in the bank accounts of all the students and report compliance. Further, they shall be at liberty to claim damages, if any, before appropriate forum, if so advised.
The M.P. Paramedical Council owing to its inaction and failing to take any necessary step despite knowing about the illegal admission, is saddled with cost of Rs.50,000/- (Rupees Fifty Thousand) which shall be paid in favour of Secretary, M.P. State Legal Services Authority, Jabalpur.
Facts of the case were that the Petitioner Institution was granted recognition qua academic session 2018-19 inter alia for a 2-year course, i.e., Medical Lab Technician. However, the University did not grant affiliation to them due to which, the students admitted to the course could not appear for their examination. Aggrieved, the Petitioner Institution moved the Court.
The Petitioner Institution submitted before the Court that it was a victim of discrimination as the other similarly situated institutions were granted affiliation.
Per contra, the Respondent University argued that the Petitioner Institution did not move an application seeking affiliation. It further pointed out the statutory provisions to submit that the Petitioner Institution was prohibited from admitting students unless it was granted affiliation by the University. With regard to the argument of discrimination, it was asserted that the Petitioner Institution was not similarly placed when compared with the cases cited by it because the said Institutions had submitted their applications for grant of affiliation prior to admitting students for the 2018-19 session.
Examining the submissions of parties and documents on record, the Court concurred with the submissions put forth by the Respondent University. The Court noted that the Petitioner Institution brought nothing on record to demonstrate that it had moved an application for affiliation prior to admitting the students. Perusing the order of grant of recognition, the Court observed that the Petitioner Institution was allowed to admit students only after it was granted affiliation by the University. Accordingly, the Court opined, the Respondent University was well within its jurisdiction to decline grant of affiliation retrospectively. Corollary to the same, the process of admission was also held to be illegal-
When the order of recognition (Annexure P/1) is subject to certain conditions including the condition that no admission should take place without grant of affiliation by the University concerned, then if the Institute admits students without the University admitting the Institute to its privileges then obviously the recognition granted by Annexure P/1 in the instant case ought to have been rendered otiose. The recognition Annexure P/1 was granted to the petitioner institute subject to certain conditions, one of which was not fulfilled and, therefore, on the occasion of breach of that condition as enumerated above, the conditional order of recognition (Annexure P/1) became a nullity in the eyes of law rendering all the admissions made by the petitioner/institute to be unlawful.
The Court then turned its attention to the role played by the M.P. Paramedical Council in case. The Court observed that instead of rising to the occasion by objecting the admission of students without affiliation, the Council "turned a Nelson's eye towards this glaring illegality".
The Court noted that despite having the requisite statutory powers, the Council did not take necessary steps to act against the Petitioner Institution-
Unfortunately the respondent-Council which is a supervisory body to ensure that all pre-requisites under the Adhiniyam of 2000 and as well as other relevant laws are followed, did not take any action against the petitioner- institute. The Council neither withdrew its conditional recognition nor it took any other action against the petitioner – Institute under the powers vested in it under the Adhiniyam, 2000. Silence on the part of the respondent-Council permitted the petitioner Institute to continue with the illegality which ought to have been nipped in the bud by the Council. The Council by its inaction has rendered the academic career of the students in jeopardy and, therefore, is liable to be saddled with heavy cost to be paid to the students.
The Court further held that even the Petitioner Institution ought to be subjected to heavy cost-
The petitioner-Institute has also suppressed material fact as to whether it had made any application for seeking affiliation from the University and, therefore, the contention of learned counsel for the University that there is suppression of material fact in this petition appears to be correct. As such the petitioner-Institute is also liable to be saddled with cost.
With the aforesaid observations, the Court dismissed the petition and further directed the parties concerned to comply with the order of cost within 90 days.
Case Title: NARMADA INSTITUTE OF PARAMEDICAL SCIENCES VERSUS MADHYA PRADESH MEDICAL SCIENCE UNIVERSITY
Case citation: 2022 LiveLaw (MP) 240
Click Here To Read/Download Order