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P.S. Abhiram Sunil v/s Rajiv Gandhi University of Health Science, Represented By Its Registrar, Bengaluru & Another


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    Writ Petition No. 44795 of 2019 (EDN-MED-ADM)

    Decided On, 27 September 2019

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE L. NARAYANA SWAMY & THE HONOURABLE MR. JUSTICE ASHOK S. KINAGI

    For the Petitioner: Malipatil, Abhishek Malipatil, Advocates. For the Respondents: R1, N.K. Ramesh, R2, V.B. Siddaramaiah, Advocates.



Judgment Text

(Prayer: This Writ Petition is filed Under Articles 226 & 227 of the Constitution of India praying to direct the R-1 University to approve the Admission of the petitioner made to the 1st Year Bams Course for the Academic Year 2018-19 in light of the Aligibility Criteria already decided by this Hon'ble Court Vide order dtd: 24.7.2018 passed in W.P. No. 3596/2018 vide Annexure-F.)

L. Narayana Swamy, J.

1. The petitioner has sought for a direction to respondent No.1-University to approve his admission to I Year BAMS Course for the academic year 2018-19 in the light of the eligibility criteria decided by this Court in W.P.No.3596/2018 dated 24.07.2018.

2. Learned counsel for the petitioner submitted that this Court in the order referred to above has held that the petitioner is eligible to get admission to the I Year BAMS course. Accordingly, he has got his admission to respondent No.2-Institution, prosecuted his studies and completed one year and he has to take examination to be conducted by the University which would commence from 30.09.2019. When his name has been forwarded to the University for the purpose of admission ticket, the same was rejected on the ground that his candidature was not approved by the University. Hence he has filed this petition seeking permission to appear for the examination. If he is not permitted, he will have to lose an academic year.

3. Learned counsel for respondent No.2 has supported the case of the petitioner. It is the submission of the learned counsel that as per the order referred to above, no doubt the petitioner is eligible to get admission to BAMS course. Accordingly, he was admitted for the academic year 2018-19 and the checklist of candidates for the academic year 2018-19 has been produced at Annexure-H in which the name of the petitioner is at Sl.No.2. Further the learned counsel has submitted that when the names have been forwarded to the University and it has been approved, at this juncture it is not appropriate and open for the University to reject his claim for examination.

4. On the last occasion, University was directed to secure the records and it is accordingly secured. It is evident from the records that it is a list of 36 candidates and this was not the list forwarded to the University for its approval. The institution has forwarded a list of 23 candidates and another list of 13 candidates with a caption "Discontinued Students List for the academic year 2018-19". As per the list dated 15.11.2018 forwarded by the Principal, names of 43 students have been approved, but the name of the petitioner has not been approved since as per the institution, this petitioner is in the discontinued list for the academic year 2018-19.

5. Respondent No.2-Institution has also forwarded another letter dated 01.06.2019 addressed by the Principal in order to request the University by submitting the original documents of 43 students admitted in the academic year 2018-19. In the list of 43 students, this petitioner's name was not approved since he was in the list of discontinued list.

6. On the instructions by the institution, learned counsel submitted that the petitioner's name was forwarded as per Annexure-H on 26.04.2019 in which his name is at Sl.No.2. Hence, the same has been approved. Learned counsel has been asked on more than one occasion in respect of the letter addressed to the University on two occasions but he has not made any submission in that regard.

7. In the light of the above facts, we are convinced that the Institution has not acted upon and on perusal of the records placed before us, we are convinced that what has been relied on by the Institution as per Annexure-H, is not the list forwarded to the University though the name of the petitioner is at Sl.No.2. The reasons are not within the knowledge of the institution. As per the letter addressed to the University, 43 names being approved and their original documents being collected by the institution and it was verified by the University and taken back by the institution. With this, it is clear that the name of this petitioner has not at all been forwarded to the University and it is within the knowledge of the institution. This shows the attitude of the institution, but ultimately petitioner being innocent, has lost one academic year. We are not inclined to encourage any of the institutions including this institution to commit this kind of mistake. On one hand the institution states that they have forwarded the list for approval which includes the name of the petitioner, whereas on the other hand, the University submitted that in the list of 43 students, name of the petitioner has not been included, but more particularly in the list of discontinued students, name of the petitioner is very much there which shows that the petitioner's name has not been forwarded. In order to work out this irregularity and lapse on the part of institution, it is right time to direct the CCB to investigate and make a report to this Court. The order of this Court has to be forwarded to the CCB for necessary action and investigation.

8. As already stated, the petitioner has been taken to the University. At one stage, they say he has been admitted as per the list at Annexure-H. But, on the other hand, in the list forwarded to the University, petitioner's name is in the list of discontinued students. This must not ruin the future of a student who is innocent. The parents of the students normally will sacrifice, devote and spend major portion of their earning for the wellbeing and future of their children, but thi

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s institution has spoiled one academic year of the petitioner. Therefore, though the petitioner's name has not been forwarded, he is to be permitted to take up the examinations. Hence, University is directed to permit the petitioner to take up the examinations. 9. The CCB shall investigate the matter and submit a report within a period of four months. With the above observations, the writ petition is disposed of. Learned Government Advocate is directed to communicate this order by forwarding a copy to the CCB. Copy of this order be made available to the learned Government Advocate.
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