Provide Affiliation to Medical Colleges with Clockwork precision: Karnataka HC to authorities

Bengaluru: While considering a plea by a College of Physiotherapy seeking affiliation for additional seats, the Karnataka High Court stressed upon the need for completing the entire process of granting or rejecting affiliation with "clock work precision" and well before the commencement of the academic year.

The HC bench comprising of Justice P. Krishna Bhat pointed out that if such decisions are not within a stipulated time, then it might cause irreparable hardship to the students.

"It is high time that the authorities concerned realise that they are accountable for the manner of exercise of such powers not only with reference to the integrity / probity of the process but also to the timeframe within which power is exercised. The applications seeking affiliation / recognition etc are made for specified academic year and once such applications are made, the process of consideration by various authorities should take place with clock work precision and final order granting or refusal of affiliation should be issued well before the commencement of that academic year. The filing of application seeking affiliation entail payment of considerably high fees. If decisions on such applications are not taken within a timeframe, they become irrelevant or infructuous due to efflux of time and thereby applicants suffer irreparable hardship," noted the bench.

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Such observations came from the High Court while it was considering the plea Shanti Dhama College of Physiotherapy seeking an increase of intake from 20 students to 40 students. Although the college had been applying repeatedly neither the University nor the Government considered the same in terms of Section 45 of the Rajiv Gandhi University of Health Sciences Act, 1994. 

While considering the case, the HC bench took note of the relevant section of RGUHS Act, 1994 and also the process for getting affiliation. As per the process, an Institution desirous of starting any course shall make an application to the University in the prescribed format seeking affiliation. On receipt of such application, the officers of the University are required to place the same before the Syndicate with the application and annexures and once such application is placed before the Syndicate, the Syndicate shall appoint a local enquiry committee for the purpose of holding local inspection and submitting its report. The local enquiry committee is required to visit the institution before submitting report to the Syndicate. The report of the L.I.C. should, among others, deal with the aspects mentioned in sub-section (2)(a) to (i) of Section 45 of the Act.

The procedure for examination of such resolution of the Syndicate of the University with regard to the grant of affiliation by the State Government is contained in sub Section 5 of Section 45 of the Act. As per the same, during the course of consideration of the application of the institution, it is open to the Government to accept the resolution of the Syndicate passed in consultation with the Academic Council as forwarded to it or it can hold such enquiry as may appear it to be necessary and thereafter, it is required to make recommendation for the grant of application or part thereof or refusal of affiliation. On receipt of such recommendation from the Government, University shall issue orders accordingly.

Taking note of this, the bench noted, "Needless to say, it is incumbent upon the Government to recommend to grant or refusal of affiliation for reasons recorded in writing1 . It is also necessary to remind the authorities concerned, in view of the large number of litigations arising in this field, that the authorities involved in the process of deciding whether affiliation is required to be granted or not should do so within a reasonable time. It is trite that authorities vested with public powers are required to exercise it in a reasonable manner and it is therefore implicit that such decisions are taken within a reasonable time."

"It is high time that the authorities concerned realise that they are accountable for the manner of exercise of such powers not only with reference to the integrity / probity of the process but also to the timeframe within which power is exercised. The applications seeking affiliation / recognition etc are made for specified academic year and once such applications are made, the process of consideration by various authorities should take place with clock work precision and final order granting or refusal of affiliation should be issued well before the commencement of that academic year. The filing of application seeking affiliation entail payment of considerably high fees. If decisions on such applications are not taken within a timeframe, they become irrelevant or infructuous due to efflux of time and thereby applicants suffer irreparable hardship," the court opined.

However, the bench could not grant any relief to the petitioner as it noted, "Insofar as the present case is concerned, no relief in the manner sought for by the petitioner can be granted as the Academic year has ended long ago."

"Realizing this difficulty, learned counsel for the petitioner submits that he would advice the petitioner to make a fresh application in accordance with law within a period of one week from today seeking affiliation for enhancing intake of another 20 students for the Bachelor of Physiotherapy Training Course. If such an application is made, the University and the State Government shall conclude the entire proceedings on such applications and take a decision and communicate to the present petitioner within four weeks from the date of such application, without fail," further read the order.

Disposing of the petition, the bench noted, "Needless to say that both the University as well as the State Government shall record proper reasons within the frame work of Section 45 of the Act for either accepting the application seeking affiliation for increasing intake of 20 students or rejecting the same."

To read the court order, click on the link below.

https://medicaldialogues.in/pdf_upload/karnataka-hc-173820.pdf

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