Supreme Court - Daily Orders
Dr. Ulhas Patil Medical College And ... vs Tejaswini on 10 May, 2018
Bench: Arun Mishra, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5700 OF 2018
SPECIAL LEAVE PETITION (C) NO.9889 OF 2018
DR. ULHAS PATIL MEDICAL COLLEGE AND HOSPITAL
JALGAON …. Appellant(s)
VERSUS
TEJASWINI & ORS. ….. Respondent(s)
WITH
CIVIL APPEAL NO.5701 OF 2018
SPECIAL LEAVE PETITION (C) NO.11142 OF 2018
WITH
CIVIL APPEAL NOS. 5705-5706 OF 2018
SPECIAL LEAVE PETITION (C) NOS. 13897-13898 OF 2018
@ DIARY NO. 16371 OF 2018
O R D E R
Leave granted.
Heard the learned counsel for the parties. The matter in question pertains to the irregularities/illegalities committed by the appellant Institution i.e. Dr. Ulhas Patil Medical College and Hospital, Jalgaon with respect to the admission given in Signature Not Verified the year 2012-2013. There is a finding recorded by the Digitally signed by BALA PARVATHI Date: 2018.05.19 13:08:55 IST Reason: High Court that there was violation of the procedure of admission and the calender fixed by the Pravesh Niyantran Samiti (hereinafter referred to as ‘PNS’). Lesser 2 Meritorious students were admitted and 19 students of higher merit were deprived of the admission in illegal manner. The violation of the calendar fixed by this Court was also committed. One of the petitioner namely Tejaswini has been directed to be paid a sum of rupees twenty lakhs.
PNS has passed an order regularizing the admissions provided penalty of Rupees Twenty lakhs each is paid to 19 students who were wrongly deprived of admission. 18 students are required to be paid a sum of Rs. Twenty lakhs each as per the orders dated 15.9.2015 and 15.10.2015. Though, against this order, it is stated that the Writ Petition No. 2695 of 2016 is pending before the High Court at Bombay. In that, there is some interim stay granted by the High Court. The appellant has undertaken to pay the amount and not to prosecute any further the aforesaid writ petition and, as prayed, that stands disposed of as withdrawn as per the statement made in this Court. High Court to treat the petition as disposed of as withdrawn and interim stay stands vacated with respect to the appellant college only.
As college has shown the gesture of making payment of penalty to the 19 students who were deprived of the admission, considering the fact that several years have passed thereafter, and a large number of students have passed out and later on, students have been admitted and are undertaking instructions in the college, it would not be appropriate in the facts of the case that once monetary 3 penalty has been imposed to withdraw the recognition on the aforesaid ground and to dis-affiliate the appellant college or to proceed in contempt against it at this juncture or any other incumbent. Thus, we dilute and set aside the order passed by the High Court with respect to the withdrawal of the recognition, dis-affiliation and contempt.
There is a direction in para 32(b) issued by the High Court which reads as follows:
“(b) Pravesh Niyantran Samity has already taken decision of cancellation of admission of respondents students of Writ Petition No.1130/2013 and so no separate relief in that regard needs to be given.” Wherein PNS has also decided about the cancellation of the appointment of respondent students in W.P.1130/2018 out of which Special Leave Petition @ Dy.
No. 16371/2018 has been filed.
The students have already passed out and the penalty has been imposed to be paid to the students who have been deprived of the admission. PNS has regularised the admission vide orders dated 15.9.2015 and 15.10.2015 and MUHS has passed order regularising the admission on 6.1.2016.
In view of the aforesaid orders, we set aside the direction issued by the High Court at para (b) also quoted above and dispose of the Writ Petition pending before the High Court of Bombay with respect to appellant college.
The directions issued in para 32 (b)(d)(e) and (f) 4 of the High Court deserves to be set aside. However, the same would be subject to rider that in the event of penalty of rupees twenty lakhs each is paid to the 18 students within a period of three months from today and this Court is informed of the compliance. Let the amount be deposited within three months with PNS and compliance of the order be informed to this Court within three months. In case the order is not complied with, obviously, the order passed by the High Court shall stand as it is. PNS is also to send the compliance report to this Court after making payment to 18 incumbents.
A cheque of rupees twenty lakhs be handed over to the counsel appearing on behalf of Tejaswini by tomorrow i.e. 11.5.2018.
The appeals are accordingly, disposed of, Pending applications if any, stand disposed of.
................... J.
(ARUN MISHRA) .................. J.
(UDAY UMESH LALIT) NEW DELHI;
MAY 10, 2018
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ITEM NO.11 COURT NO.9 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).9889/2018
(Arising out of impugned final judgment and order dated 27-03-2018 in WP No. 1130/2013 passed by the High Court Of Judicature At Bombay At Aurangabad) DR. ULHAS PATIL MEDICAL COLLEGE AND HOSPITAL JALGAON .... Appellant(s) VERSUS TEJASWINI & ORS. ….. Respondent(s) WITH SLP(C) No. 11142/2018 (IX) Diary No(s). 16371/2018 (IX) Date : 10-05-2018 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Mukul Rohtagi,Sr.Adv.
Mr. A.Sharan,Sr.Adv.
Mr. Piyush Kaushik,Adv.
Ms. Aakansha Kaul,Adv.
Mr. Manish Kumar,Adv.
Mr. Sidaharrth Shindhe,Adv. Mr. Nakul Jain,Adv.
Ms. Divya Roy, AOR Mr. Harin P.Rawal,Adv.
Mr. Satyajit A Desai,Adv.
Ms. Anagha S. Desai, AOR Mr. Anshuman Singh,Adv.
For Respondent(s) Mr. Sudhanshu S. Choudhari, AOR Ms. Surabhi Guleria,adv.
Mr. Shakul R. Ghatole,Adv. Ms. Aishwarya,Adv.
Mr. Ajinkya Udone,Adv.6
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(B.Parvathi) (Jagdish Chander) Court Master Branch Officer
(Signed order is placed on the file)