Kerala High Court
Sri Anjaneya Medical Trust vs State Of Kerala on 29 September, 2015
Author: Anil K.Narendran
Bench: P.R.Ramachandra Menon, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 28TH DAY OF FEBRUARY 2017/9TH PHALGUNA, 1938
WP(C).No. 3149 of 2016 (P)
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PETITIONER :
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SRI ANJANEYA MEDICAL TRUST,
4th FLOOR, KANCHAS COMPLEX,
OPP. INDORE STADIUM, CALICUT 673 004.
BY ADVS.SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS :
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1. STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2. THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES,
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P APPAN ROAD,
VAZHUTHACAUD,
TRIVANDRUM HAVING ITS OFFICE AT RAM MOHAN PALACE BUILDING,
OLD HIGH COURT BUILDING, ERNAKULAM 682 031.
3. THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR 680 596,
REPRESENTED BY ITS REGISTRAR.
R1 BY SR.GOVERNMENT PLEADER SRI.T.RAJASEKHARAN NAIR
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
R3 BY SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2016,
ALONG WITH W.P.(C)No.3827/2016, THE COURT ON 28-02-2017 DELIVERED THE
FOLLOWING:
WP(C).No. 3149 of 2016 (P)
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APPENDIX
PETITIONER'S EXHIBITS :-
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EXHIBIT P1 TRUE COPY OF CASH RECEIPT DATED 29-09-2015.
EXHIBIT P1(a) TRUE COPY OF ADMIT CARD FOR KEAM EXAM.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 5-10-2015
ISSUED TO 3rd RESPONDENT UNIVERSITY.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 12-11-2015
ISSUED TO 3rd RESPONDENT UNIVERSITY.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 20-11-2015
ISSUED TO 2nd RESPONDENT COMMITTEE.
EXHIBIT P5 TRUE COPY OF MCI NOTIFICATION DATED 09-10-2015.
EXHIBIT P6 TRUE COPY OF LETTER DATED 29-10-2015 ISSUED BY
3rd RESPONDENT UNIVERSITY.
EXHIBIT P7 TRUE COPY OF LETTER DATED 25-11-2015 ISSUED BY
2nd RESPONDENT TO THE UNIVERSITY.
EXHIBIT P8 TRUE COPY OF G.O(RT) NO 3129/2015/H&FWD DATED
27-09-2015.
EXHIBIT P9 TRUE COPY OF APPROVAL ORDER DATED 29-09-2015
ISSUED BY THE 2nd RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LIST UPLOADED DTD.30.9.15.
EXHIBIT P11 COPY OF THE ADDITIONAL LIST.
EXHIBIT P12 COPY OF COVERING LETTER DTD.1.10.15 PETITION
TO RECEIVE DOCUMENT.
True copy
P.A to Judge
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
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W.P.(C).Nos.3149 of 2016 & 3827 of 2016
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DATED THIS THE 28th DAY OF FEBRUARY, 2017
JUDGMENT
ANIL K.NARENDRAN, J.
W.P.(C).No.3149/2016 is filed by Sri Anjaneya Medical Trust, which is running Malabar Medical College and Research Centre at Modakallur in Kozhikode district, seeking a writ of certiorari to quash Ext.P6 communication dated 29.10.2015 issued by the Kerala University of Health Sciences (for brevity 'the respondent University') by which the Principal of the Medical College has been requested to discharge one student, namely, Swathy Lakshmi (the writ petitioner in W.P.(C).No.3827/2016) admitted to MBBS course for the academic year 2015-16, with immediate effect and to report the same to the University on or before 9.11.2015. The petitioner has also sought for other consequential reliefs to treat the admission of the aforesaid candidate as valid for all purposes and permit her to pursue MBBS course.
2. W.P.(C).No.3827/2016 is filed by one Swathy Lakshmi who stated to have got admission to the 1st year MBBS course at W.P.(C)Nos.3149 & 3827/2016 2 the Malabar Medical College and Research Centre on 30.9.2015 under spot allotment, after paying the fees and completing all the formalities for admission on 29.9.2015. In the said Writ Petition, the petitioner has sought for a writ of certiorari to quash Ext.P6 communication dated 29.10.2015 issued by the respondent University by which the Principal of the College has been requested to discharge her with immediate effect and to report the same to the University on or before 9.11.2015. The petitioner has also sought for a writ of certiorari to quash Ext.P8 proceedings of the Admission Supervisory Committee for Professional Colleges in Kerala (for brevity 'the Admission Supervisory Committee') dated 30.1.2016 by which the said Committee declined approval for her admission to MBBS course in the Malabar Medical College and Research Centre for the academic year 2015-16. The petitioner has also sought for other consequential reliefs.
3. The reliefs sought for in the above Writ Petitions are opposed by the respondent University by filing a detailed statement.
W.P.(C)Nos.3149 & 3827/2016 3
4. We heard the arguments of learned counsel for the petitioner, learned Government Pleader representing the State, learned Standing Counsel for the Kerala University of Health Sciences and also learned Standing Counsel for the Admission Supervisory Committee.
5. The pleadings and materials on record would show that the petitioner Trust in W.P.(C).No.3149/2016 was permitted to admit 150 students to MBBS course for the academic year 2015-16 by an order of this Court dated 22.9.2015 in W.P.(C). No.28615/2015. Based on the order of this Court dated 22.9.2015, the petitioner Trust submitted a representation dated 25.9.2015 before the Admission Supervisory Committee with a request to approve the prospectus for admitting students to 150 seats for the academic year 2015-16.
6. For admission of students to MBBS course for the academic year 2015-16, the petitioner Trust entered into a consensual agreement dated 27.9.2015 with the State Government. Based on the said agreement, the Government vide G.O.(Rt.) No.3129/2015/H&FWD dated 27.9.2015 (Ext.P8 in W.P.(C)Nos.3149 & 3827/2016 4 W.P.(C).No.3149/2016) accorded sanction for the admission of 150 students for MBBS course in Malabar Medical College and Research Centre for the academic year 2015-16.
7. As per Ext.P8 Government order, 50 seats out of the total 150 seats for MBBS course shall be filled up by the candidates alloted by the Commissioner for Entrance Examination from the list of candidates who have qualified the Kerala Engineering, Agriculture, Medical Entrance Examination, 2015, in accordance with the merit and reservation principles followed by the Government from time to time. The remaining 100 seats shall be filled up following the method prescribed in Para.7 of Ext.P8 Government order, which provides that the petitioner Trust shall fill up 15% of the remaining 100 seats in the NRI category by admitting the eligible students who are children/dependents of non-residential Indians; 62 seats according to the inter se merit prepared on the basis of Kerala Engineering, Agriculture, Medical Entrance Examination, 2015; and 15 seats according to the inter se merit of candidates who have qualified All India Medical Entrance Examination, W.P.(C)Nos.3149 & 3827/2016 5 2015/COMDEK/any other national and regional level examinations approved by the Medical Council of India.
8. The Admission Supervisory Committee by an order dated 29.9.2015 (Ext.P9 in W.P.(C).No.3149/2016) granted approval to the prospectus and consensual agreement for admitting students to 150 seats for MBBS course in Malabar Medical College Hospital and Research Centre, for the academic year 2015-16. Para.15 of the said order of approval would indicate that, considering the last date of admission for MBBS course, the admission schedule submitted by the petitioner Trust was orally approved by the Admission Supervisory Committee and thereafter, on receipt of a copy of the consensual agreement with the State Government, the Committee issued Ext.P9 order of approval dated 29.9.2015 and the same was forwarded to the Principal of the Medical College and also published in the official website of the Admission Supervisory Committee.
9. While approving the consensual agreement, the admission supervisory Committee modified Para.7(b)(2) of the said agreement by providing that, 15 seats shall be filled up by W.P.(C)Nos.3149 & 3827/2016 6 the petitioner Trust according to the inter se merit only from candidates who have qualified the All India Medical Entrance Examination, 2015. Therefore, the Committee has not approved COMDEK/all other national and regional level examinations as the eligibility criteria for admission to MBBS course for the academic year 2015-16.
10. The petitioner in W.P.(C).No.3827/2016 (Swathy Lakshmi) is a candidate qualified in the entrance examination conducted by the Commissioner for Entrance Examinations, Kerala who secured a medical rank of 10535, as evident from the candidates data sheet issued by the Commissioner for Entrance Examinations (Ext.P1 in W.P.(C).No.3827/2016). According to the petitioner, she applied for spot admission to 1st year MBBS course in Malabar College and Research Centre, vide an application dated 28.9.2015 (Ext.P2 in W.P.(C).No.3827/2016) having come to know that certain vacant seats were available for spot allotment. In the spot allotment she was offered admission on 28.9.2015 itself, subject to remittance of fee. Accordingly her father availed a gold loan for 7,00,000/- from the Catholic W.P.(C)Nos.3149 & 3827/2016 7 Syrian Bank at Mannuthi, as evident from a certificate dated 28.9.2015 issued by the Senior Manager of the Bank (Ext.P3 in W.P.(C).No.3827/2016). She paid the tuition fee and other miscellaneous fees by cash receipts bearing Nos.1029 and 1030 dated 29.5.2015 (Ext.P4 in W.P.(C).No.3827/2016) and she was admitted for the 1st year MBBS course on 30.9.2015 by issuing an admission card dated 30.9.2015 (Ext.P5 in W.P.(C). No.3827/2016) with Admit Card Roll No.122/2015. In order to substantiate the fact that the amount of 7,00,000/- availed as gold loan from the Catholic Syrian Bank, Mannuthi Branch was sanctioned on 28.9.2015 and that the said amount was withdrawn by the father of Swathy Lakshmi on that day itself through his account bearing No.0311-00062555-190001 at the Mannuthi Branch, the learned counsel for the petitioner has made available for the perusal of this Court the pass book in relation to the said account with notice to the learned Government Pleader/Standing Counsel for the respondents.
11. As per the notifications issued by the respondent University, the Medical Colleges were directed to upload the W.P.(C)Nos.3149 & 3827/2016 8 details of the students admitted for 1st year MBBS course till the last date of admission, to the website maintained by the University, by the midnight of 30.9.2015. As per the said notification, the University website will remain open till the midnight of 30.9.2015 and that the colleges could furnish a hard copy of the list of students directly to the University by 5 p.m. On 1.10.2015, if there is any difficulty in uploading the details to the website on the last date fixed as above.
12. Going by the statement filed by the respondent University, on 30.9.2015 the college uploaded the names of 112 students. On the next day by 5 p.m. they furnish the names of 40 more students. The said list was accompanied by a letter dated 1.10.2015 of the Principal (Ext.P12 in W.P.(C). No.3149/2016) stating that, when the list of 112 students were uploaded on 30.9.2015 there occurred a duplication of the name of one Swathi Pillai, who was admitted under the Management quota, who was listed at Sl.Nos.104 and 109. In Ext.P12 it was also pointed out that under NRI quota one Shamna Salim was admitted, who failed to produce her certificates, and hence the W.P.(C)Nos.3149 & 3827/2016 9 management admitted one Vinoth on 30.9.2015 in that vacancy. Based on the request made in Ext.P12, the respondent University cancelled the entry as Sl.No.104 and the temporary ID allotted to the said entry was deleted.
13. On 5.10.2015 the Principal of the college submitted a request dated 5.10.2015 before the respondent University (Ext.P2 in W.P.(C).No.3149/2016) pointing out that, by a mistake they have made a request in Ext.P12 to delete the multiple entry of Swathi Pillai, instead of furnishing the details of Swathy Lakshmi who was admitted for the 1st year MBBS course on 30.9.2015 under management quota. In Ext.P2 it was also pointed out that, the name of Plavulla Valappil Varun has been entered in the list forwarded to the University by mistake, which may be deleted from the said list.
14. Based on the request made by the Principal of the college in Exts.P2 and P12 the respondent University issued a communication dated 29.10.2015 (Ext.P6 in both writ petitions) stating that the request made to substitute the name of Swathy Lakshmi cannot be considered, as her admission is after the cut W.P.(C)Nos.3149 & 3827/2016 10 off date, and hence the Principal of the College was requested to discharge Swathy Lakshmi with immediate effect and report the same to the University on or before 9.11.2015.
15. According to the respondent University the link for performing online registration of students admitted for MBBS course for the academic year 2015-16 was withdrawn from the University website by the midnight of 30.9.2015, since the cut off date prescribed by the Medical Council of India for admission to MBBS course for the said academic year was on 30.9.2015. The said cut off date was intimated to colleges sufficiently early through website, over phone and via e-mail to the Principal. It was also informed, vide Circular No.5233/AC A/KUHS/2015 dated 16.9.2015, that the colleges who failed to perform online entry of basic details due to any technical reasons can submit the basic details of the admitted students in the office of the University till 5 p.m. on 1.10.2015 and the registration of the students performed beyond the prescribed time limit will not be entertained by the University under any circumstances.
16. According to the respondent University along with W.P.(C)Nos.3149 & 3827/2016 11 Ext.P12 request the Principal of the College submitted a list of 40 students on 1.10.2015 at 5 p.m., whose basic entry was not performed on 30.9.2015, and the University had accepted the same. Accordingly the registration of those 40 students have already been performed by the University. Since the name of Swathy Lakshmi finds no place either in the name of students uploaded in the University website on 30.9.2015 or in the list of candidates furnished along with Ext.P12 on 1.10.2015, her admission can only be treated as one made after the cut off date of 30.9.2015, which cannot be accepted as a valid admission for MBBS course for the academic year 2015-16.
17. According to the petitioner Trust, a copy of Ext.P6 communication was received in the college only on 7.11.2015. On 12.11.2015 the Principal of the college submitted a request (Ext.P3 in W.P.(C).No.3149/2016) before the respondent University, pointing out that certain mistakes were crept in while uploading the name of the students in the link provided by the University. There were two students with similar names, one being 'Swathy Lakshmi' and the other 'Swathi Pillai'. Instead of W.P.(C)Nos.3149 & 3827/2016 12 entering Swathy Lakshmi, the name of Swathi Pillai was entered twice initially. Having seen the double entry of Swathi Pillai, a request was made in Ext.P12 to delete one entry of Swathi Pillai, under the impression that it was a mere mistake of repetition. However, on a further scrutiny it was found that the name of Swathy Lakshmi was entered as Swathi Pillai by an oversight and got deleted based on the request made in Ext.P12. The fact that such deletion was under the impression that it was a mere mistake of repetition was informed to the University vide Ext.P2.
18. By Ext.P3, the respondent University was also informed that one Plavulla Valappil Varun who was admitted for 1st year MBBS course on 30.9.2015 on the basis of COMEDK score was later discharged based on Ext.P9 approval order of the Admission Supervisory Committee, by which COMEDK qualified candidates are not eligible for admission to MBBS course. The name of the said candidate was however got registered by online with respondent University on 30.9.2015. Subsequently the Principal of the College made Ext.P2 request for deleting his name from the list of students admitted for 1st year MBBS course W.P.(C)Nos.3149 & 3827/2016 13 for the academic year 2015-16. In Ext.P3 it was also pointed out that the fact that the admission of Swathy Lakshmi was made before the cut off date of 30.9.2015 can be seen from the relevant copies of fee receipts and admission card, which were enclosed along with Ext.P3. The said request was followed by another request dated 20.11.2015 (Ext.P4 in W.P.(C). No.3149/2016) made before the respondent University to include the name of Swathy Lakshmi in the list of students admitted for 1st year MBBS course for the academic year 2015-16.
19. The approval for the admission of Smt.Swathy Lakshmi, (the petitioner in W.P.(C).No.3827/2016) and some others were kept in abeyance while the Admission Supervisory Committee granted approval for the admission made for 1st year MBBS course for the year 2015-16 in Malabar Medical College and Research Centre. In order to consider the question of approval of such students, the Admission Supervisory Committee issued a notice dated 22.1.2016, proposing to conduct a personal hearing on 30.1.2016. Pursuant to the said notice Swathy Lakshmi was issued with a notice dated 23.1.2016 (Ext.P7 in W.P.(C)Nos.3149 & 3827/2016 14 W.P.(C).No.3827/2016) of the Principal. After hearing both the sides, the Admission Supervisory Committee issued an order dated 30.1.2016 (Ext.P8 in W.P.(C).No.3827/2016) by which the admission of Swathy Lakshmi for 1st year MBBS course for the academic year 2015-16 was disapproved.
20. In Ext.P8 order, the Admission Supervisory Committee found that Swathy Lakshmi had made an application on 28.9.2015 for admission and remitted the required fees on 29.9.2015, as borne out from records. The Committee has also found that, the admit card issued by the College shows that she was admitted on 30.9.2015. However, neither in the uploaded list nor in the additional list dated 1.10.2015 of 40 students submitted before the respondent University, the name of Swathy Lakshmi has ever been included. In such a situation, according to the Admission Supervisory Committee, the contention of the learned Standing Counsel for the respondent University that the admission of Swathy Lakshmi might have taken place after 1.10.2015 cannot be brushed aside.
21. As discernible from Ext.P8 order, Sri Suresh Babu, W.P.(C)Nos.3149 & 3827/2016 15 father of Swathy Lakshmi, who was present during the personal hearing conducted by the Admission Supervisory Committee, produced materials to show that he had availed a gold loan for 7,00,000/- from the Catholic Syrian Bank, Mannuthy Branch on 28.9.2015, which amount was remitted in the College for getting admission of her daughter. However, the Committee brushed aside the same as there is no explanation by the College as to why the name of Swathy Lakshmi was not included in the lists submitted to the respondent University. Therefore, the Committee in Ext.P8 order concluded that the admission of Swathy Lakshmi for MBBS course in Malabar Medical College and Research Centre might have taken place after 30.9.2015, despite the fact that the remittance of fee by the candidate was made on 29.9.2015.
22. From the findings of the Admission Supervisory Committee in Ext.P8 order and from the argument advanced by the learned Standing Counsel for the respondent University and the learned Standing Counsel for the Admission Supervisory Committee, we find that the fact that Swathy Lakshmi has made W.P.(C)Nos.3149 & 3827/2016 16 an application on 28.9.2015 seeking admission for MBBS course for the academic year 2015-16 in Malabar Medical College and Research Centre is not in dispute. In Ext.P8 order, the Admission Supervisory Committee found that Swathy Lakshmi remitted the required fees on 29.9.2015. In order to remit the required fees, her father availed a gold loan for 7,00,000/- from Catholic Syrian Bank, Mannuthy Branch on 28.9.2015, which is evident from Ext.P3 certificate (in W.P.(C).No.3827/2016) issued by the Senior Manager of that Bank. The said fact is also not in serious dispute. In Ext.P8 order, the Committee declined approval for her admission for the reason that her name was not included in the list uploaded in the University website on 30.9.2015 and in the list forwarded to the University on 1.10.2015 along with Ext.P12 communication.
23. On 1.8.2016, when these Writ Petitions came up for consideration, the learned counsel for the petitioner Trust produced certain receipt books along with photocopies of the relevant ledgers regarding the admissions made to 1st year MBBS course for the academic year 2015-16. On going through the W.P.(C)Nos.3149 & 3827/2016 17 receipt books, this Court expressed certain doubts as to the course and proceedings, particularly, the manner of collection of fees, issuance of receipts, etc. with respect to which further clarification was found necessary. Then the learned counsel for the petitioner Trust submitted that an affidavit explaining the facts and circumstances shall be filed and accordingly, by order dated 1.8.2016, this Court directed the petitioner Trust to file an affidavit giving all the relevant particulars of admission in the form of a table, which shall contain the particulars of all the 112 students uploaded in the University website on 30.9.2015 and that of 40 students forwarded to the University along with Ext.P12. The documents produced before this Court were returned to the learned counsel for the petitioner Trust with a direction to have them produced after preparing the affidavit as above. The petitioner Trust was also directed to produce the book containing the counter foils of the receipts issued to all the students of the 1st year MBBS course 2014-15 and attendance register for the academic year 2015-16.
24. Pursuant to the above order, the Principal of the W.P.(C)Nos.3149 & 3827/2016 18 College has filed an affidavit dated 18.8.2016 producing therewith the list of 112 students admitted to 1st year MBBS course for the year 2015-16 and uploaded to the University website on 30.9.2015. Another list of 40 students admitted on 30.9.2015 and forwarded to the respondent University on 1.10.2015 has also been produced along with the said affidavit. The said lists contain the particulars like the fee collected under the heads tuition fee, other fee and hostel fee, receipt number, date of remittance, etc.
25. The receipt book containing counterfoils receipts with Sl.Nos.1001 to 1100 would show that Swathy Lakshmi has remitted a sum of 65,000/- on 29.9.2015, vide receipt No.1029, towards admission fee and other miscellaneous fees. On the very same day, she has remitted a further sum of 8,50,000/- towards tuition fee, vide receipt No.1030. Similarly, Swathi Pillai (Sl.No.105) has remitted a sum of 65,000/- on 30.9.2015, vide receipt No.1081, towards admission fee and other miscellaneous fee. However, the remittance of tuition fee of 8,50,000/- by Swathi Pillai on 30.9.2015 is vide receipt No.1153 in another W.P.(C)Nos.3149 & 3827/2016 19 receipt book containing counterfoils of receipts with Sl.Nos.1101 to 1200.
26. Sl.No.12 in the list containing 112 students uploaded on 30.9.2015 is one Anagha P., who got admission under management quota on 29.9.2015. As per receipt No.1116 dated 29.9.2015, which is available in receipt book with counterfoils of receipts with Sl.Nos.1101 to 1200. The said Anagha has remitted a sum of 8,50,000/- towards tuition fee for the 1st year MBBS course. However, receipt No.1093 dated 18.12.2015 would show that she has remitted a further sum of 1,85,000/ on 18.12.2015-, which includes a sum of 1,75,000/- towards tuition fee. However, in the list furnished along with the affidavit of the Principal of the College dated 18.8.2016, it is mentioned that the said Anagha remitted a tuition fee of 8,50,000/- vide receipts with Sl.Nos.1116 and 1093.
27. In the affidavit filed by the Principal of the College dated 18.8.2016, it is stated that the remittance made by the said Anagha vide receipt No.1093 dated 18.12.2015 was towards remittance of other fees amounting to 65,000/- and not the W.P.(C)Nos.3149 & 3827/2016 20 tuition fee which has to be collected at the time of admission. The said version of the Principal of the College cannot be accepted for the sole reason that receipt No.1093 dated 18.12.2015 evidences acceptance of a sum of 1,75,000/- towards tuition fee; 5,000/- towards sports and health club fee; and a further sum of 5,000/- towards lab fee (consumables), thereby totalling to 1,85,000/-.
28. According to the petitioner Trust though one Shamna Salim was admitted under NRI quota her admission was later cancelled on 30.9.2015, as she failed to produce the original certificate. The particulars of remittance of tuition fee by the said candidate is not disclosed in the statement produced along with the affidavit filed by the Principal of the college. As per the said statement, one Sheffin Zahd F.N. Sl.No.88 has remitted a tuition of 12,50,000/- vide receipt No.1109 dated 28.9.2015. However the counterfoil of receipt No.1109 available in the receipt book containing counterfoils of receipts with Sl.Nos.1101 to 1200 is in respect of remittance of tuition fee of 12,50,000/- by one Rahana.
W.P.(C)Nos.3149 & 3827/2016 21
29. On an overall evaluation of the records made available for the perusal of this Court it is evident that the petitioner Trust has not maintained proper records regarding receipt of tuition fee and other miscellaneous fee collected from the students. The admission process was conducted in a very casual manner and the required data was uploaded to the University website without taking due care and caution.
30. However from the list of 112 students admitted to the 1st year MBBS course for the year 2015-16 and uploaded to the University website on 30.9.2015 produced along with the affidavit dated 18.8.2015 of the Principal of the college it is seen that the following students remitted tuition fee vide receipts subsequent to receipt No.1030 dated 29.9.2015 by which the writ petitioner (Swathy Lakshmi) remitted her tuition fee. The particulars of such students are as follows; Sl.No.29 Beema Sunaina C.P. - vide receipt No.1062 dated 29.9.2015; Sl.No.34 Dilsha Najeeb M. - vide receipt No.1061 dated 29.9.2015; and Sl.No.69 Mridulmith - vide receipt No.1060 dated 29.9.2015. Similarly the following students remitted admission fee and other miscellaneous fees W.P.(C)Nos.3149 & 3827/2016 22 vide receipts subsequent to receipt No.1029 dated 29.9.2015 by which the writ petitioner (Swathy Lakshmi) remitted her admission fee and miscellaneous fee. The particulars of such students are as follows; Sl.No.1 Abirami M.Sibi - vide receipt No.1032 dated 29.9.2015; Sl.No.14 Anjali P.V. - vide receipt No.1035 dated 29.9.2015; Sl.No.23 Aswin Jacob - vide receipt No.1038 dated 29.9.2015; Sl.No.29 Beema Sunaina C.P. - vide receipt No.1041 dated 29.9.2015; Sl.No.41 Fidha Femin A - vide receipt No.1033 dated 29.9.2015; Sl.No.56 Karthika C.D. - vide receipt No.1037 dated 29.9.2015; Sl.No.85 Seby Nelson - vide receipt No.1047 dated 29.9.2015; Sl.No.98 Sreelakshmi E.V. - vide receipt No.1043 dated 29.9.2015; and Sl.No.100 S.R.Vaisakhan - vide receipt No.1031 dated 29.9.2015. Since the name of these students are admittedly included in the list of 112 students uploaded to the University website on 30.9.2015, we find absolutely no reason to disbelieve the version of Swathy Lakshmi (writ petitioner in W.P.(C).No.3827/2016) that after the payment of the required fee vide receipt Nos.1029 and 1030 dated 29.9.2015 she was admitted to 1st year MBBS course in W.P.(C)Nos.3149 & 3827/2016 23 Malabar Medical College and Research Centre on 30.9.2015, as evidenced by Admission Card dated 30.9.2015 with admit card roll No.122/2015 (Ext.P5 in W.P.(C).No.3827/2016) issued by the Principal of the college.
31. During the course of arguments it was brought to the notice of this Court that, in the Dental College managed by the petitioner Trust there were similar instances of not uploading the details of the students to the University website within the stipulated time. The said issue was the subject matter in W.P. (C).No.27408/2013 filed by the BDS students admitted during the academic year 2013-14. The said writ petition ended in dismissal by judgment dated 9.1.2015 declining interference. The writ appeal filed against the said judgment, i.e., W.A.No.186/2015 also ended in dismissal confirming the judgment of the learned Single Judge.
32. A reading of the judgment in W.A.No.186/2015 would show that the details of the students admitted for BDS course during the academic year 2013-14 were not submitted to the respondent University either by 30.9.2013 or by 5 p.m. on W.P.(C)Nos.3149 & 3827/2016 24 1.10.2013. Instead the details were forwarded to the University vide letter dated 3.10.2013. In the said case the respondent University has taken a specific contention that no details of the deposit of fee by the students in the bank have been submitted to shed sufficient light on the events and circumstances under which the admission was taken. On a query made by the Division Bench to the learned counsel for the college as to whether fee was paid by draft or by deposit in bank, no satisfactory explanation was forthcoming. After referring to the decisions of the Apex Court in Mridul Dhar v. Union of India (2005 (2) SCC 65), Priya Gupta v. State of Chattisgarh (2012 (7) SCC
433), Chandigarh Administration v. Jasmine Kaur (2014 (10) SCC 521), etc. the Division Bench held that, since no materials are placed before the learned Single Judge to prove that admissions were completed on 30.9.2014, no interference is warranted.
33. However, in the instant case, as we have already noticed, the fact that Swathy Lakshmi (writ petitioner in W.P.(C). No.3827/2016) has remitted the required fees on 29.9.2015 and W.P.(C)Nos.3149 & 3827/2016 25 she was admitted on 30.9.2015, as evident from Ext.P5 admission card, has been found in her favour in Ext.P8 order passed by the Admission Supervisory Committee. Further, the fact that there was duplication of name while uploading the list of 112 students to the University website on 30.9.2015, is borne out from the materials on record. The version of the petitioner Trust that, it was without noticing the non-inclusion of the name of Swathy Lakshmi, request was made in Ext.P12 to delete the duplication cannot be brushed aside when the materials on record prima facie indicate that Swathy Lakshmi was admitted for the 1st year MBBS course on 30.9.2015.
34. In the result, these writ petitions are disposed of setting aside Ext.P6 communication of the respondent University dated 29.10.2015 and Ext.P8 order of the Admission Supervisory Committee to the extent of declining approval for the admission of Swathy Lakshmi (writ petitioner in W.P.(C).No.3827/2016) for the 1st year MBBS course in Malabar Medical College and Research Centre for the academic year 2015-16. Accordingly the respondent University and the Admission Supervisory Committee W.P.(C)Nos.3149 & 3827/2016 26 are directed to approve the admission of Swathy Lakshmi for the 1st year MBBS course for the academic year 2015-16 and permit her to pursue the said course.
35. By an order dated 1.8.2016 in I.A.No.11688/2016 in W.P.(C).No.3827/2016 the respondent University was directed to issue hall ticket to Swathy Lakshmi to appear for the 1st year MBBS examination on her own risk, strictly on provisional basis, subject to further orders to be passed in the writ petition. Later, by order dated 8.12.2016 the University was directed to publish the result of her 1st year MBBS examination, provisionally and subject to the result of the writ petition. The said orders are made absolute.
36. As we have already noticed the petitioner Trust made admission for the 1st year MBBS course 2015-16 in a very casual manner without keeping due care and caution, thereby committing various mistakes, which has resulted in these litigations. The petitioner Trust has not maintained proper records regarding receipt of tuition fee and other miscellaneous fee collected from the students. The required data was uploaded to W.P.(C)Nos.3149 & 3827/2016 27 the University website without taking due care and caution. Considering the facts and circumstances of the case, we deem it appropriate to impose a cost of 1,00,000/- (Rupees One lakh only) on the petitioner Trust in W.P.(C).No.3149/2016 which shall be paid within one month from the date of receipt of a certified copy of this judgment to the 'Students Supporting Scheme' of the Kerala University of Health Sciences. In case of any default in remitting the said amount towards cost it would be open to the respondent University to initiate recovery steps against the petitioner Trust in accordance with law.
No order as to costs.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE Sd/-
ANIL K.NARENDRAN, JUDGE dsn/skj True copy P.A to Judge