Private Institutes must desist from giving irregular admissions- warns HC, Slaps Rs 7.5 lakh fine per student

Jodhpur: Warning private institutes against granting irregular admissions to students, the Rajasthan High Court recently imposed a cost of Rs 7.5 lakhs per student on three dental colleges- Vyas Dental College, Eklavya Dental College, and Maharaja Ganga Singh Dental College.

However, adopting the principle of equity, the HC bench regularized the admission of the medical students who had been admitted irregularly by these institutes in 2018-2019 and 2019-2020, subject to the condition that the students would pay Rs 1 lakh each. 

"It is high time when the Court should warn the private colleges to desist from giving irregular admissions. The order instant has been passed being guided by the equity in light of peculiar facts and considering that the contentious admissions were given 5-6 years back," the HC bench comprising Justice Dinesh Mehta noted.

Asking the Dental Council of India (DCI) and RUHS to take stern action for such irregular admission in future, the Court further noted, "However, in future if any such irregular admission is given by the colleges involved in the present writ petitions or by any other college, the DCI and RUHS shall take stern action. They should not consider end of their duties by imposition of fine - they should withdraw or revoke the recognition granted to such colleges in accordance with law, obviously after following principles of natural justice."

These observations were made by the Court while considering a bunch of pleas filed by dental students who sought regularization of their admissions. There were mainly two sets of disputes.

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In the first set of disputes, three petitioners had taken admission to Vyas Dental College. However, their names were not uploaded on the official website of the Dental Council of India (DCI) by the college. Subsequently, DCI asked the college to discharge the petitioners. However, despite such a communication, the petitioners were not informed about this.

The counsel for the petitioners argued that for such inadvertence on the part of the college, the petitioners could not be blamed, nor could their admissions be cancelled, especially when their qualification and eligibility was not in dispute.

Another set of disputes revolved around the other petitioners who did not get themselves registered with the Counselling Board and the colleges had granted them admission without such registration.

The petitioners had argued that possibly because of adolescence or lack of legal acumen the petitioners were admitted without following the procedure, being oblivious of the consequences. It was further submitted that there was no malafide intention on the part of the petitioners since their eligibility was not in doubt.

On the other hand, Rajasthan University of Health Sciences (RUHS) and DCI argued that the colleges had given incessant admissions to the students, violating the law and norms set by DCI. It was argued that even if the Court took a lenient view towards the students, the colleges should be penalised for the irregularities.

After taking note of the submissions, the HC bench opined that the request of the petitioners to regularize their admission required sympathetic consideration on the principle of equity.

Accordingly, the Court observed, "The petitioners are young people of 20-22 years of age and are yet to begin their life. If at this stage, the order passed by the DCI of discharging their admissions is allowed to be given effect to, the result would be irreconcilable – these young students will be back to square one. Not only 5-6 years of their prime youth would go in vain, but also their fee and money would be shredded into the drains. By now, they must have become age barred to get admissions in any other courses. Their 5 years of education and experience which they have obtained will be rendered nugatory."

"Such being the position, this Court feels that if their admissions are regularized, subject to payment of a token fine of Rs.1 lac each student for the lack of diligence they have exhibited, it would meet the ends of justice. Their example may operate as a scarecrow for the future students to remain cautious and careful, while getting admissions and thus, their career are not left in lurch," it opined.

"These writ petitions are, therefore, allowed in the manner that though on merit, the order dated 03.12.2019 qua each of the student is affirmed, but on equity and subject to payment of Rs.1 lac by each students, their admissions stand regularized...Each of the students shall furnish a demand draft of Rs.1 lac drawn in the name of Registrar, Rajasthan University of Health Sciences within a period of one month from today.... On receiving of the demand draft and a webcopy of the order instant, the respondent – RUHS shall issue them mark-sheets/degrees," ordered the Court.

"Needless to observe that after the degrees have been issued by the RUHS, the competent authority shall register the petitioners in accordance with law," it added.

However, addressing the colleges, the Court observed,

"It ought to have been more vigilant and law-abiding while giving admissions, particularly to those students who were not registered with the respective Counseling Board."

Adding that the colleges must be penalized, the Court added,

"Be that as it may. If this Court accedes to the request of the students, it cannot let the erring colleges go scot-free. They have to be penalized for the unlawful gain they have derived by defrauding the students and giving them admissions."

Referring to a Supreme Court order in the case of Rajendra Prasad Mathur Vs. Karnataka University & Ors., that dealt with a similar case of irregular admissions by the colleges and reached similar decision, the HC bench observed,

"Though in the above referred judgment, Hon’ble the Supreme Court has not imposed fine, but having regard to the fact that the respondent – college has given irregular admissions year after year, this Court is of the view that imposition of fine is necessary."

"So far as respondent – colleges, namely, Vyas Dental College; Eklavya Dental College and Maharaja Ganga Singh Dental College are concerned, they shall pay a fine of Rs.7 lac 50 thousand per student on or before 31.07.2025 to the Registrar, RUHS. In case, the respondent – college fails to deposit said amount of Rs. 7 lac 50 thousand per student by 31.07.2025 (subject of course to their right of appeal etc.), the Counseling Board shall not reflect name of such colleges in the list of eligible colleges," ordered the Court.

"The Registrar, RUHS shall keep the amount in separate account as and when deposited and shall ultimately transmit the same to the Principal and Controller, Government Dental College, Jodhpur, who shall utilize the same for purchase of dental chairs and some other equipments or for meeting out any capital expenditure (not of revenue nature). The amount aforesaid shall be utilized on or before 31.03.2026 and utilization certificate shall be sent to the Registrar, RUHS so also to the DCI," it specified.

However, in respect to three students, who were granted admission as Other Backward Class (OBC) category students even though they had appeared in the National Eligibility-cum-Entrance Test (NEET) examination as unreserved category students, the Court observed, "Their qualification as OBC candidates is not in doubt. This Court is conscious of this fact and the law that the change of category is impermissible and in normal circumstances, a candidate having appeared as a general category candidate cannot claim admission as an OBC candidate, but since the petitioners were given admissions in the year 2018-2019 and pursuant to the interim order they have not only pursued their course but have also cleared the examination, this Court is of the view that they are also entitled for equitable considerations, however, on payment of slightly higher fine."

"Each of these petitioners (Preya Sharma, Summera Reyaz and Supriya Jaswal) shall pay a fine of Rs. 2 Lac each in the same terms as has been observed in S.B. Civil Writ Petition No.1988/2021 and on payment of fine of Rs.2 lacs by these petitioners, their admission shall be treated regular," it ordered.

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajamesthan-hc-dental-283035.pdf

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