Karnataka High Court
Dr Alsha Thankam George vs Rajiv Gandhi University Of Health ... on 26 March, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:12571
WP No. 24750 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 24750 OF 2022 (EDN-RES)
BETWEEN:
DR ALSHA THANKAM GEORGE
D/O M J GEORGEKUTTY,
AGED 25 YEARS,
PERMANENT ADDRESS AT
MANGATTUMANNIL, CHENNEERKARA
PATHANAMATHITTA,
KERALA 689503,
STUDENT OF KVG DENTAL COLLEGE AND HOSPITAL
KURUNJIBAG SULIA,
DAKSHINA KANNADA 574327.
...PETITIONER
(BY SRI. NISHANTH A V.,ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
Digitally signed
by 4TH T BLOCK, JAYANAGAR
NARAYANAPPA BENGALURU - 560041
LAKSHMAMMA REP BY ITS VICE CHANCELLOR
Location: HIGH
COURT OF 2. THE REGISTRAR
KARNATAKA RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU - 560041
3. KVG DENTAL COLLEGE & HOSPITAL
KURANJIBAG SULIA
DAKSHIN KANNADA-574327
REPRESENTED BY ITS PRINCIPAL/DEAN
4. DENTAL COUNCIL OF INDIA
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NC: 2024:KHC:12571
WP No. 24750 of 2022
AIWAN-E-GALIB MARG
TEMPLE LANE, KOTLA ROAD
NEW DELHI-110002
REP BY ITS SECRETARY
(IMPLEADED AS PER COURT ORDER DATED 28.6.2023)
... RESPONDENTS
(BY SRI. SACHIN B S.,ADVOCATE FOR R1 & R2;
R3- SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE R1 UNIVERSITY TO ISSUE
HALL TICKETS AND PERMIT THE PETITIONERS TO TAKE UP 1ST YEAR
MDS(RS5) EXAMINATION OF DECEMBER 2022 AS PER THE TIME
TABLE ISSUED BY THE RESPONDENT UNIVERSITY AT ANNEXURE-C
AND TO APPROVE THE ADMISSION OF THE PETITIONERS TO THE
MDS COURSE ADMITTED BY THE RESPONDENT INSTITUTION FOR
THE ACADEMIC YEAR 2021.22 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue a writ in the nature of Mandamus directing the R1 University to issue Hall Tickets and permit the petitioners to take up 1st year MDS (RS5) examination of December 2022 as per the timetable issued by the respondent university at Annexure-H; and to approve the admission of the petitioner to the MDS course admitted by the respondent institution for the academic year 2021-22; and b. Issue such other relief's as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. -3-
NC: 2024:KHC:12571 WP No. 24750 of 2022
2. The petitioner claims to be admitted to Masters of Dental Sciences 2021 [MDS course] with respondent No.3-college through the National Eligibility-cum- Entrance Test [NEET] process. The petitioner, having made payment of the due fees and having attended all classes conducted by the respondent college, it is stated that the University has not issued hall ticket to enable the petitioner to take up the MDS examination.
3. Learned counsel for respondent No.4- Dental Council of India would submit that the name of the petitioner had not been forwarded to the University for confirmation of admission and thereafter to the Dental Council of India to be enrolled on its rolls to enable issuance of hall ticket and as such the petitioner cannot be recognized to be a valid and bonafide student of the respondent college requiring issuance of hall ticket and permit the petitioner to take up the examination.
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NC: 2024:KHC:12571 WP No. 24750 of 2022
4. Learned counsel for the University substantiates the said submission by stating that the names of 97 students have been forwarded to the University, even though the petitioner was entitled to admit 100 [hundred] students, the admission details of the petitioner was not found in the said 97 students hence, the respondent-University has not admitted the petitioner on its rolls by approving the admission.
5. Heard Sri. Nishanth.A.V, learned counsel for the petitioner, Sri.Sachin.B.S, learned counsel for respondents No.1 and 2. Perused papers.
6. Having heard learned counsels what can be seen is only that the petitioner seems to have acted in a proper manner she having succeeded in her NEET examination, she has made payment of due examination fee and has been promised by respondent No.3- college that she has been admitted to the said course and that she would be able to prosecute the said course in a proper and required manner.
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NC: 2024:KHC:12571 WP No. 24750 of 2022
7. There are several cases which have come up before this court as regards students being admitted to the college and the college having not uploaded the details of the students with the University and thereafter Dental Council or any council in charge of or supervising the said College for that particular course. In these kind of matters, the University or the Council does not permit the student to take up the examination but however, does not take any action against the college who had promised the student that the student had been admitted to the course and would be permitted to successfully prosecute the course to which the student is allegedly admitted.
8. It is in that background that this court normally interferes in the matter and permits the students to take up the examination and once student is permitted to take up examination and results are announced, everything is forgotten and life of the student and college goes on uninterruptedly. -6-
NC: 2024:KHC:12571 WP No. 24750 of 2022
9. It is high time the University as also the Council takes such action against the errant colleges so that they do not resort to this kind of actions by admitting students beyond the prescribed date of admission and or do not indulge in such practices which could put the life and liberty of such students and parents in danger.
10. Even in this case this court would interfere in the matter to permit the petitioner to take up the examination because the petitioner student cannot be left in a lurch after she having attended the college having satisfied all the requirements of NEET to be admitted in the said college.
11. In that background respondent No.2, as also respondent No.4 are directed to constitute a task force to enquire into the affairs of the college to ascertain as to how the petitioner was admitted into the college, when were payments received in what manner, the representations held out to the student and her family, identify the lapses on part of the -7- NC: 2024:KHC:12571 WP No. 24750 of 2022 college and take such action against respondent No.3-college as is permissible under the Dentists Act, 1948, as also the applicable criminal enactments, so that this kind of menace by colleges are not perpetuated and interest of students are not put to risk.
General Directions:
12. The Dental Council to form a committee comprising of representatives from the council, some of the universities affiliated to it to prepare a detailed project report of the problems being faced by all the stakeholders and the methodology to resolve such problems. Towards this end the committee to consider:
13. The Council and the University to mandate that the website of each of the colleges have a link to the website of the council and the University, if there is any violation action to be taken under the Act.
14. The website of the Council to have a page indicating the aspects that the student has to ascertain before -8- NC: 2024:KHC:12571 WP No. 24750 of 2022 enrolling with the college, like affiliation details, number of permissible in-take, number of students already enrolled, fees payable etc.,
15. The University to have separate websites for each of the colleges coming under its jurisdiction indicating all details of the college like affiliation, registration, period of validity, teaching and non teaching staff employed and their details, physical infrastructure available with details, number of students enrolled with their details etc.,.
16. The University to provide an online portal operational 24/7, 365 days to enable the college to upload the details of the student enrolled at the time of enrollment itself, without waiting for the enrollment of all students to be completed.
17. To credentialise all data so as to enable easy verification of the same by different stakeholders.
18. Such other aspects that the committee deems fit.
19. The committee to be formed within 3 weeks from today report to be submitted within 8 weeks of such -9- NC: 2024:KHC:12571 WP No. 24750 of 2022 formation. The advocate for the Dental Council to report on the progress.
20. In that view of the matter, I pass the following:
ORDER i. The writ petition is allowed. ii. Mandamus is issued directing respondent No.1-University to approve the admission of the petitioner on to its rolls and issue documentation in relation thereto, as also to issue necessary hall ticket to the petitioner to take up her examination MDS examination.
iii. Committee to be constituted on or before 19/04/2024.
iv. Task force to be constituted on or before 19/04/2024.
v. Enquiry report of the task force to be filed on or before 11/06/2024.
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NC: 2024:KHC:12571 WP No. 24750 of 2022 vi. Detailed project report of the committee to be filed on or before 24/06/2024. vii. Though the above matter is disposed of, relist on 22/03/2024 to report on constitution of the committee and task force.
Sd/-
JUDGE LN List No.: 2 Sl No.: 23.1