Admission Post Deadline: HC imposes Rs 1 Crore Compensation on Nursing College for year loss of Students

Bengaluru:Penalising a Nursing College for admitting students after the admission deadline set by the University, the Karnataka High Court has directed a Nursing College to pay Rs 10 lakh compensation to each of the ten students, who faced the loss of one year due to the delay in admission.

Apart from directing Mother Mary College of Nursing to pay the compensation, a Single Judge bench of Justice Suraj Govindraj has also directed Rajiv Gandhi University of Health Sciences for initiating action against the college.

"Petitioner No.1-College is directed to make payment of a sum of Rs.10,00,000/- (Rupees ten lakhs only) each to petitioner Nos.2 to 11 as compensation for the loss of one year which has been caused to them," the order mentioned.

"Respondent No.1-University is directed to initiate such action against the petitioner No.1-College as may be available in law including filing of criminal complaint and administrative action against charter of the respondent-University," it further added.

The matter concerns B.Sc Nursing students who had been admitted in the academic year 2021-2022. Both the college and the students had approached the Court seeking a direction to RGUHS to open the portal of the university and enable online submission of applications of the college students and allow them to appear for the examination.

It was submitted by the counsel for the petitioners that it was only on account of technical glitches that the applications and details of the students could not be uploaded on to the website.

On the other hand, the University argued that the names of the students were inserted in the admission Register of the college by pasting a paper on the existing names and even after the completion of the admission process, the names of some students were added. Further, it was argued that even if there was any technical issue, the college could have forwarded the details via email or on the next day.

When the HC bench inspected the College Register, it found out that the names of the students were added by pasting a piece of paper. Referring to this, the HC bench noted, "A mere inspection of the said Register gives rise to a very shocking and sad state of affair of the petitioner No.1- College. The names of petitioner No.2 at Sl.No.18 has been added by pasting a small piece of paper in line with the grid of columns and rows, as if to show that the name was always existed in the Register. Similar is the situation as regards, petitioner No.3 whose name is found at Sl.No.33, petitioner No.4 at Sl.No.34. As regards, petitioner Nos.6, 7 and 8 their names are found at Sl.Nos.36 to 38 respectively and paper has been pasted giving their details as also affixing their photographs on that piece of paper. As regards, petitioner Nos.9 and 10, their names have been added, after verification by the Principal and the Assistant Registrar and no details are found as regards their address and other personal details."

Opining that the nursing college fabricated the Register of Admission, the HC bench further observed, "The Attendance Register has also been produced which would indicate that the names of the students though alphabetically arranged, the names of the petitioners are found thereafter in haphazard manner. All these lead to an irresistible conclusion that the petitioner No.1-College has fabricated the Register of Admission by pasting a sheet of paper to include the names of the students as if to contend that they had been admitted within time and their details could not be uploaded only on account of technical glitch."

"This submission is also not acceptable for one other reason inasmuch as the last date for uploading the details was 07.04.2022, the first request made by petitioner No.1- College was on 10.01.2023 after a gap of more than 8 months which also indicates that the students were not admitted before 07.04.2022. The manner in which the petitioner No.1-College has indulged in the aforesaid activities is shocking to say the least," the Court further noted.

The bench slammed the nursing college for "playing with the lives of the students and their parents who had their hopes and aspirations that the students could have joined the petitioner No.1-College to study B.Sc. Nursing course and make their livelihood for themselves."

It was clarified by the bench that the court cannot direct the University to accept the fraud committed by the nursing college. The bench observed that the college will compensate the students and also noted that the action on the part of the nursing college required an investigation by the appropriate authorities.

"As such, I am of the considered opinion that the losses which have been caused to the students would also have to be made good by the petitioner No.1-College in monetary terms, though the same may not offer adequate succour to the said students. The action on the part of petitioner No.1-College would also require investigation by the appropriate authority including the police authorities to determine the fraud played and to take necessary action including criminal action, if necessary, apart from other administrative action that the University would be permitted to take against the petitioner No.1-College," the order stated.

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

https://medicaldialogues.in/pdf_upload/karnataka-hc-order-213407.pdf

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