Hosmat Hospital Educational Institute of Operation Theatre Technology vs The Registrar

A.S. Bopanna, J.—Sri N.K. Ramesh, learned counsel to accept notice for respondent No. 1. Learned Government Advocate to accept notice for respondent No. 2. They are permitted to file their vakalath/memo of appearance within four weeks.

The petitioners are before this Court seeking for issue of mandamus to the respondents to approve the admission of petitioners No. 2 to 8 for B.Sc. (OTT) Course. The petitioners are also seeking that petitioners No. 2 to 8 be permitted to appear for the first year examination of B.Sc. (OTT) Course.

The first petitioner is the Institution wherein the petitioners No. 2 to 8 are stated to have secured admission for the B.Sc. (OTT) Course. The pleading would indicate that according to the petitioners, the admission had been made well within the date prior to which the admission was to be made as per the relevant Notification. The petitioners would however contend that the details pertaining to the petitioners No. 2 to 8 could not be uploaded by the petitioner-College due to certain technical difficulties. It is in that view, the petitioners are before this Court seeking for a direction that the admission of petitioners No. 2 to 8 be approved by the respondent-University.

Insofar as the issue relating to the admission in cases where the particulars had not been furnished by the respective Colleges within time had been considered by this Court in several cases and more particularly, in W.P. Nos. 38003-38009/2014 dated 06.08.2014 wherein a direction had been issued to the respondent-University to approve the admission, subject to the College concerned paying penalty of Rs. 2,000/- in respect of each student and the students meeting the eligible criteria. A similar consideration, no doubt, requires to be made in the instant case also. However, the learned counsel appearing for the respondent-University would point out that in the instant case, though the petitioner-College contends that the name of the students which have been indicated in these petitions had not been uploaded, in respect of the other students such uploading has already been made and therefore, this aspect of the matter requires to be kept in view.

Though that be the position, all that is necessary to be ascertained by the respondent University is as to whether the admission of the students concerned in these petitions was made prior to the last date provided under the Notification. Hence, on that aspect, the College concerned would have to produce material before the respondent-University to indicate that the students concerned had been admitted prior to the last date stipulated and all the formalities had been completed by the College concerned. The other eligibility criteria of the students shall also be established.

On the said documents being produced by the College, the respondent-University shall accept, verify the same and approve the admission, subject to payment of Rs. 2,000/- in respect of the students concerned. If on the other hand, there is any legal impediment, the same shall be specified and appropriate endorsement be issued to the Institution/student.

Since it is submitted that a Committee for the said purpose has been formed by the respondent-University, the particulars be placed before the Committee and appropriate decision be taken. Considering the fact that the examination is fast approaching and in order to protect the interest of the students and at the same time, to ensure that the respondent-University is also satisfied with regard to the admission being made prior to the last date and the students meeting the eligibility criteria, the respondent-University is to be directed to permit the students concerned to appear for the ensuing examination, subject to verification of the documents. Necessary fee in that regard shall be collected and the admission ticket is also to be issued.

In the meanwhile, the college concerned shall submit the documents to the University. On verification of the documents, if the respondent-University is satisfied that the admission is made as per the procedure and the students concerned are also meeting the eligibility criteria, the University will thereafter declare the result of the students and also regularize the admission so as to enable the students concerned to complete the course.

In the result, the following :

ORDER

i) The concerned college shall submit all records relating to the students concerned to the respondent-University to establish that the admission has been made as per the procedure and the students also meeting the eligibility criteria. The University shall examine the records and come to its conclusion on this aspect of the matter.

ii) Pending the above process, the University is directed to collect the examination fees, issue hall ticket and permit the concerned student to appear for the ensuing examinations which shall remain provisional and the result thereof will be declared only if the University satisfies itself that the verification of the documents disclose that the admission has been made as per the procedure and the students also meeting eligibility criteria. If such satisfaction is recorded by the University, the concerned student shall be permitted to complete the course in accordance with law and all documents necessary to be issued by the University viz., marks card and such other certificates shall thereafter be issued to the student concerned.

iii) The petitions stand disposed of accordingly.