Judgment:
- 1 - WP Nos.28966-28968/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JULY2015BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NOS.28966-28968/2015 (EDN-RES) R BETWEEN:
1. VYDEHI INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE No.82, EPIP AREA, NALLURAHALLI WHITEFIELD, BANGALORE56006 REPRESENTED BY ITS PRINCIPAL DR D.P.NARAYAN SON OF LATE D.H. PUNDALIK RAO AGED64YEARS2 3. MS. RAHEE INGTIPI DAUGHTER OF MR. SAMSON INGI AGED ABOUT19YEARS RESIDENT OF HOUSING BOARD DIPHU, KARBI ANGLONG, ASSAM PRESENTLY R/O GIRLS HOSTEL VYDEHI INSTITUTE OF MEDICAL SCIENCES NO.82, EPIP AREA, NALLURAHALLI WHITEFIELD, BANGALORE56006 MR. HESAMODIN GHAFARI SON OF MR. DARIOUSH AGED ABOUT19YEARS R/AT No.404, "SREE EMERALD PARK" VASVANI LANE ROAD, MARATHALALLI BANGALORE-560066 ... PETITIONERS (BY SRI A.LOBO, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT - 2 - WP Nos.28966-28968/2015 (MEDICAL EDUCATION), VIKASA SOUDHA VIDHANA VEEDHI BANGALORE56000 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA4H "T" BLOCK, JAYANAGAR BANGALORE56004 BY ITS REGISTRAR ... RESPONDENTS (GOVERNMENT ADVOCATE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO SET THE ASIDE THE R-2 ACTION OF REFUSAL TO THE APPROVE THE ADMISSION OF PETITIONERS2& 3 IN THE1T PETITIONER COLLEGE IN THE FIRST BDS COURSE IN THE ACADEMIC YEAR201314 AND DIRECTING DISCHARGE, BY ITS LETTER DTD.3.7.2015, VIDE ANNEX-A AND TO DIRECT THE R-2 TO APPROVE THE ADMISSION OF PETITIONERS2& 3 TO1T YEAR BDS COURSE IN THE1T PETITIONER COLLEGE, IN THE ACADEMIC YEAR201314 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
H.G.RAMESH, J.
(Oral): Whether online uploading of admission statement on the University’s website along with students’ photos before the date and time stipulated in the admission time schedule notified by the Rajiv Gandhi University of Health Sciences, Karnataka, is mandatory?. This is the question that needs determination in these writ petitions.-. 3 - WP Nos.28966-28968/2015 2. These writ petitions by a Dental College and its two students are directed against the communication dated 03.07.2015 (Annexure-A) issued by Rajiv Gandhi University of Health Sciences (‘the University’) disapproving admission of petitioner Nos.2 and 3 to I Year BDS Course for the academic Year 2013-2014 in petitioner No.1-college on the ground that their names were not uploaded online on the University’s website before the stipulated date and time.
3. I have heard Sri A.Lobo, learned Counsel appearing for the petitioners and perused the record.
4. The impugned communication of the University dated 03.07.2015 reads as follows: “ Ref……………………………….. Date: RGUHS/AC2-ADM/BDS/2014-15/D041 03.07.2015 To The Principal Vydehi institute of D Sciences & research Centre, #82, EPIP Area, White field, Bangalore- 560 066. Sub: Non – Approval of UG admission of students of 2013-14 batch. Adverting to the above, I write to inform you that after verifying the documents submitted by you, the data of the following students were not uploaded online in to the RGUHS website within the calendar of event 1. Rehee Ingtipi 2. Hesamodin G Hafaris - 4 - WP Nos.28966-28968/2015 You are here by informed to discharge the students from the college immediately and the action taken report in this regard may be submitted to this University at the earliest. Yours faithfully, Sd/-. 03.07.15 (Dr S.Sacchidanand) REGISTRAR “ 5. The notification dated 03.07.2013 (Annexure-B) issued by the University prescribing admission time schedule for the academic year 2013-14 is extracted below: “ Rajiv Gandhi University of Health Sciences, Karnataka 4th ‘T’ Block, Jayanagar, Bangalore- 560 041 ____________________________________________________ Ref: UA/UG-CE/BDS/12/2013-2014. Date:
03. 07.2013 Ref:
1. MCI Letter No.23(1)/ 2003-MED/26637 dated:
28. 01.2005 NOTIFICATION2 SLP No.14919/2000-(2002) 7/SCC/258 dated:
11. 09.2002 of Hon’ble Supreme Court of India, in the case of MCI VS Madhu Singh and others 3. Judgment on civil appeal no:4318 & 4319/2012 of Hon’ble Supreme Court of India, in the case of Priya Gupta Vs. State of Chhatishgadh and others. Calendar of events for admission to BDS Course for the academic year 2013-14 is hereby notified as below Sl No.1 2 3 4 5 6 7 8 9 10 Admission schedule Last date of joining allotted college after first round of counseling (as per the directions of Hon’ble Supreme Court of India) Last date for admission Commencement of academic session. Last date of joining allotted college after second round of counseling (as per the directions of Hon’ble Supreme Court of India) Last date upto which students can be admitted against vacancies arising due to any reason. Online uploading of admission statement on RGUHS website www.rguhs.ac.in along with the students photos. Submission of list of candidates admitted, by email to [email protected] & [email protected]. Submission of online entered and printed admission statement of candidates along with originals and Xerox copies of the required documents, including eligibility certificates be submitted in person to the Registrar. Tentative institutions. Tentative date of First Year Examination. for sending approved last date list to the Target Date/Week 31.07.2013 31.07.2013 01.08.2013 31.08.2013 30.09.2013 5.30 PM Upto 30.09.2013 Before 5.30 PM3009.2013 By 5.30 PM0710.2013 Before 5.30 PM31t December 2013 June 2014 Note:
1. If above dates fall on a holiday, the subsequent working day will be taken as the last date.-. 5 - WP Nos.28966-28968/2015
2) List of students admitted must be submitted through E-M to a) [email protected] & b) [email protected] within 17.00 hours of last date of admission.
3) Hard copy of the list of the students admitted must be submitted to the Registrar RGUHS in person in duplicate on the next working date of the last date of admission and an acknowledgement be obtained from this office.
4) Online Uploading of admission statement can be done till the last date of admission.
5) The same calendar of events with appropriate changes in the year shall be maintained for subsequent years. Changes in date and month, if any, will be notified separately. (Dr.D.Prem Kumar) By Order Sd/- Registrar” 6. As could be seen from the University’s notification dated 03.07.2013 prescribing the admission time schedule for admission to BDS Course for the academic year 2013-14, which is extracted above, online uploading of admission statement on the University’s website along with students’ photos should be completed before 5.30 p.m. on 30.09.2013. Similarly, list of candidates admitted shall be sent by e-mail to the University by 5.30 p.m. on 30.09.2013. Note (3) in the notification states that hard copy of the list of students admitted must be submitted in duplicate to the Registrar of the University in person on the next working day after the last date of admission and an acknowledgement in that behalf shall be obtained from the University’s office.-. 6 - WP Nos.28966-28968/2015 7. It is not the case of petitioner No.1-college that the names of petitioner Nos.2 and 3 were uploaded online on the University’s website before the stipulated date & time i.e. before 5.30 p.m. on 30.09.2013. It is also not the case of petitioner No.1-college that it submitted the names of petitioner Nos.2 & 3 to the University through e-mail by 5.30 p.m. on 30.09.2013.
8. To examine as to whether strict adherence to the admission time schedule is mandatory, it is relevant to refer to the following observations made by the Supreme Court in Priya Gupta v. State of Chhatisgarh [(2012)7 SCC433: “78.4. With all the humility at our command, we request the High Courts to ensure strict adherence to the prescribed time schedule, process of selection and to the rule of merit. We reiterate what has been stated by this Court earlier, that except in very exceptional cases, the High Court may consider it appropriate to decline interim orders and hear the main petitions finally, subject to the convenience of the Court. We may refer to the dictum of this Court in Medical Council of India v. Rajiv Gandhi University of Health Sciences [(2004)6 SCC76, SCC para 14 in this regard.” (underlining and emphasis supplied) 9. The following observations made by a three judge bench of the Supreme Court in Mridul Dhar v. Union of India [(2005)2 SCC65, also require to be noticed: “32. Having regard to the professional courses, it deserves to be emphasized that all concerned including - 7 - WP Nos.28966-28968/2015 Governments, State and Central both, MCI/DCI, colleges – new or old, students, Boards, universities, examining authorities, etc. are required to strictly adhere to the time schedule wherever provided for; there should not be midstream admissions; admissions should not be in excess of sanctioned intake capacity or in excess of quota of anyone, whether State or management. The carrying forward of any unfilled seats of one academic year to next academic year is also not permissible.” (emphasis supplied) 10. In the light of the observations made by the Supreme Court in the two decisions referred to above, strict adherence to the admission time schedule is mandatory. Accordingly, online uploading of admission statement on the University’s website along with students’ photos before the date and time stipulated in the calendar of events notified by the University is mandatory. Hence, I find no legal infirmity in the impugned communication dated 03.07.2015 issued by respondent No.2-University to warrant interference by this Court.
11. Having come across several matters relating to disapproval of admissions to BDS Course, I deem it appropriate to make certain observations relating to functioning of Rajiv Gandhi University of Health Sciences, before parting with this case. In the present case, as per the calendar of events, the tentative last date stipulated for - 8 - WP Nos.28966-28968/2015 sending the approved list of admissions to the institutions was 31.12.2013, but the University has sent the communication disapproving the admission of petitioner Nos.2 and 3 in the month of July 2015. The impugned communication does not state as to whether the University had sent any communication earlier, disapproving the admission of petitioner Nos.2 and 3. Why the University issued the communication belatedly i.e. one and a half years after the last date?. Who enquired about the approval of admission of petitioner Nos.2 and 3?. What caused the University to issue such a bald communication without referring to any previous correspondence of the college relating to admission of petitioner Nos.2 and 3?. Is it only to provide some document to the college to approach this Court?. The Vice Chancellor shall look for the concerned officials to elicit answers to the above questions.
12. I have come across several belated communications issued by the University disapproving admissions, just prior to commencement of I year BDS examinations. In none of those matters, the University had sent the disapproved list of students to the respective colleges on or before the date - 9 - WP Nos.28966-28968/2015 (31st December) stipulated in the calendar of events. The concerned colleges also had not enquired about it with the University immediately after the last date stipulated for sending the approved list of admissions. However, in some of the matters, the University had sent the communications to the concerned colleges in the months of February, March and April 2014, but the colleges did not approach this Court immediately after receipt of the communications. The colleges, barring a few, approached this Court only a week or a day prior to commencement of the examinations. This appears to be a regular annual affair for some of the Dental Colleges in Karnataka.
13. Why the University does not send the approved and disapproved list of admissions to the institutions on or before the stipulated date needs to be enquired into. Sending a bald communication without any previous reference, just before the commencement of the examinations, like the one impugned in these writ petitions, looks very strange. This appears to be part of a well thought out arrangement between some of the Dental colleges in Karnataka and some of the officials in the - 10 - WP Nos.28966-28968/2015 University dealing with admissions to BDS Course. To know who are all involved in this well thought out arrangement, a proper enquiry is necessary. A perusal of the nature of the communications that were impugned before this Court and their date will reveal a lot. The malfunctioning is evidenced by the nature of the communications and the timing of their issue. This malfunctioning by some of the officials of the University has to be stopped by the Vice Chancellor who is at the helm of affairs in the University. Under Section 13 of the Rajiv Gandhi University of Health Sciences Act, 1994, the Vice Chancellor shall exercise general supervision and control over the affairs of the University, and shall be responsible for the proper administration of the University. It appears that there is no effective supervision in respect of admissions to BDS course. Immediate corrective steps are necessary to set right this conscious malfunctioning of certain officials in the admission section of the University relating to BDS course. The Vice Chancellor shall make appropriate changes in the admission Section concerning BDS Course and he shall see that the University shall strictly adhere to the calendar of events as directed by the - 11 - WP Nos.28966-28968/2015 Supreme Court in the two judgments referred to above. If the University does not strictly adhere to the calendar of events, it will be a clear case of failure of administration in the University and the Vice Chancellor will become directly responsible for the failure, as in law, he shall be responsible for the proper administration of the University.
14. The University shall, on or before the last date stipulated for approval of admissions, make available on its website, course wise & college wise, the names of the students approved for admission and the names not approved, with a specific note that no other name was sent by the college for approval. This information shall be made available on the University’s website till completion of I year or I semester examinations of the course concerned. This procedure shall be followed in respect of all the courses that require approval by the University. This will bring in transparency in the functioning of the University and the colleges affiliated to it. By this, the students will come to know as to whether their admissions have been approved by the University or not. They will not be kept in dark till the commencement of the examinations as it is happening now.-. 12 - WP Nos.28966-28968/2015 The University shall also direct the concerned colleges to communicate to the student in writing, if his/her admission is disapproved by the University. The Vice Chancellor shall also consider taking other appropriate steps, with the use of technology, to make the functioning of the University and the affiliated colleges more transparent by making available all the relevant information to all the stakeholders at the University’s website.
15. Registry shall send a copy of this order to the Vice Chancellor, Rajiv Gandhi University of Health Sciences, for taking immediate corrective measures as stated above. Petitions dismissed. KSR Sd/- JUDGE