Madras HC Directs Medical College To Transfer Rs 2.76 Crore Collected As Capitation Fee To Authorities For Special Scholarship.
Case Title: Pooja Chakravarthy … Petitioner
Versus
TN MGR Medical College … Respondents
Date of Decision: Reserved on 23.11.2022.
Pronounced On 28.06.2023.
Coram: THE HONOURABLE MR. JUSTICE R. SURESH KUMAR.
Citation: W.P.Nos.28148 and 31524 of 2022.
Introduction:
This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari Mandamus, calling for the records of the 1st Respondent Medical University relating to its proceedings in Lr. No. Ex.I(6)/59516 / 2019, dated 08.08.2022, quash the same and consequently direct the respondents to ascertain the comparative merit and ranking of the
Petitioners by the 2nd Respondent Selection Committee for the vacancy to be filled-up in accordance with law and on that basis allow the Petitioners to continuously pursue the study of MBBS Degree Course in the 3rd Respondent Medical College till they successfully completing the course.
Facts:
The third respondent is a Medical College run by a private management. For the academic year 2019-2020, the petitioners were admitted at the third respondent College in first year M.B.B.S. Degree course in stray vacancies on the last date of admission i.e., 30.08.2018. However, at the time of first year M.B.B.S. Examination, which was scheduled to be conducted on 15.02.2021 by the first respondent University, the petitioners were denied Hall
Tickets, therefore, the third respondent College filed a Writ Petition before this Court in W.P.No.3224 of 2021, seeking for a Writ of Mandamus to the University to issue Hall Tickets to the students i.e., the petitioners herein and two more students, totalling 9 students. It is to be noted that, the petitioners were not made parties in the said Writ Petition.
The said Writ Petition was dismissed on 11.02.2021 with a finding that the petitioners’ admission to the vacancies in the M.B.B.S. Course were without recourse to the second respondent Selection Committee and hence, those admissions were against regulations. Accordingly, the said Writ Appeal was taken up for hearing and by order dated 22.06.2022, the said Writ Appeal was also dismissed. Aggrieved over the judgement made by the Division Bench, dismissing the Writ Appeal No.604 of 2021, the third respondent Medical College preferred S.L.P. (C) No.12735 of 2002.
Issues:
- Whether the students were admitted in the third respondent College only based on merits or any methods, which are not approved under law, was adopted by the third respondent College?
- Whether the amount claimed by the third respondent College alone is collected from the students or their parents or excess amount also has been collected?
Legal Analysis:
The method adopted by the third respondent College in admitting the 9 candidates in the 9 stray vacancies that arose on 28.08.2019 at 5.00 p.m. for admission in the first year M.B.B.S. Degree Course in the academic year 2019 – 2020 is not in consonance with the law declared by the Hon’ble Supreme Court as well as the regulations made by the fourth respondent in this regard. Since the issue has already been concluded by the judgment of the Writ Court as well as the Writ Appellate Court, which has already been confirmed by the Hon’ble Supreme Court by dismissing the S.L.P. filed by the College as unconditionally withdrawn, that issue need not once again be opened or traversed. However, insofar as the claim made by the petitioners / students is concerned, since they were never parties to any of the lis and first time when they filed the S.L.P. such an opening was given permitting them to pursue such
remedies available in law before this Court, for the first time since they have come and placed their plea before this Court and also revealed the fact as to how much fee as One Time Payment that they have made to the College, taking note of their genuine approach and by also taking note of the fact that these petitioners have secured slightly higher marks than some of the candidates, who are admitted in the first year M.B.B.S. degree course in various Private Colleges selected through the second respondent Selection Committee for the academic year 2019 – 2020, this Court feels that, by giving admissions to these petitioners, merit has not been given a complete go by.
It is also to be noted that these students have completed their two years course and at this juncture if they are sent out, that would certainly affect the very career of these students and they have comparatively secured slightly higher marks than considerable number of students, who were able to secure admission in the relevant academic year, hence, this Court feels that these petitioners / students can continue their course in the third respondent College. Insofar as the shocking revelation that has been made by the parents of these students that, they have paid huge amount by way of One Time Payment to the third respondent College, it is a very serious issue which should be taken note of by this Court.
Judgement:
The Court is inclined to dispose of these Writ Petitions with the following orders:-
(i) That the petitioners herein are permitted to continue in their M.B.B.S. course, wherein they joined in the year 2019 – 2020 at the third respondent College, and complete the course successfully.
(ii) A sum of Rs.2,76,00,000/- (Rupees Two Crores and Seventy Six Lakhs only) had been paid to the 3rd Respondent College as One Time Payment atleast on behalf of the six petitioners herein as per the respective affidavits filed by the respective parents as detailed hereinabove. The said sum Rs.2,76,00,000/- with interest at the rate of 6% p.a. from the date of the admission of these students in the year 2019 be paid by the 3rd Respondent College in a separate account to be opened in this regard jointly in the name of the Secretary, Selection Committee i.e., the 2nd respondent as well as the Registrar of the first respondent University.
(iii) The said amount can be spent towards paying the tuition fee for more meritorious candidates who would be admitted in the I year M.B.B.S. degree course from the academic year 2023-2024 in any Government or Private Colleges in the State of Tamil Nadu till the entire amount is exhausted as a special scholarship.
(iv) To whom such a benefit shall be extended can be decided jointly by the 1st and 2nd respondents and accordingly the said amount can be spent.
(v) Though merit has not been given a go by in making the admission of these petitioners as held hereinabove, since the method adopted by the third respondent College is in violation of the declared law and for securing admissions on behalf of these petitioners huge amount has been spent or paid as an One Time Payment, which is otherwise called as donation or capitation fee and for such a narrative the petitioners or their parents also had agreed upon, these petitioners and their parents lost their right to get back the said amount i.e., Rs.2,76,00,000/- mentioned hereinabove. That is why, the aforesaid arrangement has been made.
(vi) If at all the third respondent College, pursuant to this order, decides to agitate this issue stating that they have not received any One Time Payment to the extent of Rs.2,76,00,000/- as claimed by the parents of six of the petitioners herein and on that ground if the College refused to deposit the said amount with interest as indicated above, that issue shall be referred by the first, second and fourth respondents herein for investigation by CB CID Police force in the State of Tamil Nadu and in that case, such an investigation shall take to its logical
conclusion in the manner known to law.
(vii) Apart from the aforestated, it is open to the 4th respondent to take any action against the 3rd respondent College for such violation in admitting 9 students in the year 2019 – 2020 in accordance with the regulations of the 4th respondent, which are in vogue.
(viii) Since the petitioners are permitted to pursue the course in the 3rd respondent College, the order impugned of the first respondent need not be given effect to.
(ix) That apart, the 3rd respondent College, since has filled 9 seats, out of which, 5 are Government quota and 4 are Management quota, 5 seats in the permitted intake of the 3rd respondent College in first year M.B.B.S. degree course in Management quota shall be surrendered for the academic year 2023 – 2024, where it is open to the second respondent Selection Committee to select candidates and send for admission to the 3rd respondent College as additional seats in the Government quota as a compensatory mechanism.
Conclusion:
Since the college had filled the nine seats without following the procedure, the court directed the college to surrender five seats in its management quota for the academic year 2023-24 which, it said, shall be used as additional seats in the Government quota as a compensatory mechanism. The court added that National Medical Commission is free to take any action against the college for violating its regulations. “Since the petitioners are permitted to pursue the course in the 3rd respondent College, the order impugned of the first respondent need not be given effect to”.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.