@JUDGMENTTAG-ORDER
Aravind Kumar, J@mdashPetitioners are before this Court seeking for a direction to respondent - University to approve admissions of petitioners - 2 to 14 and issue them eligibility certificate for the academic year 2014-15 to the BPT Course. Petitioners - 2 to 14 are also seeking for a direction to permit them to appear for the examination due to be held in the month of September, 2015.
2. I have heard the arguments of learned Advocates appearing for parties.
3. Perusal of the averments made in the writ petitions would indicate that petitioners-2 to 14 are said to have been admitted to the first petitioner - institution for BPT Course. It is contended that their admissions came to be made well within the cut off date prescribed by the University and their college had submitted hard copy of the students list to the respondent - University requesting for approval of admissions of the students as per the list. It is also contended by them that college had requested the University by submitting a representation to approve the admissions of these students for the academic year in question and issue eligibility certificates. It is further contended that details pertaining to these students could not be uploaded to website of University as prescribed in the notification by the college due to certain technical difficulties and in that view of the matter, petitioners are before this Court seeking for a direction to the respondent - University to approve the admissions of students.
4. Respondent - University having appeared through learned Panel Advocate, has made available original records. They contend that on account of previous years experience of the University that colleges like that of the petitioner were not admitting students within cut-off date prescribed by the University, it had issued a notification stipulating thereunder three modes of submitting list of students who had been admitted prior to the cut off date and college in question had not taken recourse to the same and as such, it cannot now contend that due to technical problems the names of students were not uploaded or forwarded by e-mail or through Fax to the University. Hence, it is contended by the learned Advocate appearing for University that students who have been admitted subsequent to the cut off date would not be eligible for being considered for being approved in the present academic year 2014-15. Hence, he prays for rejection of the writ petitions.
5. Having heard the learned Advocates appearing for the parties and on perusal of the records made available by counsel appearing for University and also Admission Register made available by the learned Advocate appearing for the college, it can be noticed that prima-facie, students seems to have been admitted to the course in question before the cut off date prescribed by the University by the college. However, no opinion can be expressed by this Court in this regard as it requires factual scrutiny or examination since entries found therein is seriously disputed by the learned Advocate appearing for respondent - University.
6. Be that as it may. The issue relating to admission of students in case where particulars had not been furnished by similar colleges within the time prescribed by the University came to be considered by this Court in catena of cases and in particular, in W.P. Nos. 38003-38009/2014 and by order dated 06.08.2014 a direction came to be issued to the respondent - University by this Court to approve admission of the students therein subject to the college concerned paying penalty of Rs. 2,000/- in respect of each student and the students meeting the eligibility criteria.
7. A similar direction no doubt requires to be issued in these petitions also. However, on account of categorical assertion made by the counsel appearing for the University that students whose names have not been approved was on account of colleges not uploading the list of students admitted within prescribed date and also on account of University disputing the submission of hard copy by the college and petitioners asserting that students were admitted prior to cut off date, this Court is of the considered view that same being a disputed question of fact, it cannot be gone into by the writ Court.
8. However, keeping in mind the interest of both parties, this Court is of the considered view that if a direction is issued to the respondent - University to ascertain from the respective colleges as to whether admission of the students concerned in these petitions were made prior to last date indicated in the notification or not, and if it is found that students had been admitted by the college before the cut off date and such students would also meet the eligibility criteria, it would suffice to issue directions to the respondent - University to approve their admissions for the academic year in question itself i.e., 2014-15. Hence, petitioner - college is hereby directed to produce all such material available with them before respondent-University to substantiate their claim that students (whose admission have not been approved) had been admitted prior to the last date stipulated by the University and there was no illegality or irregularity in their admissions by the college.
9. It is needless to state that on scrutiny and verification of such documents produced by the college, if the admission made by the college is found to be proper and students meeting the eligible criteria, respondent - University shall approve their admissions subject to college depositing a sum of Rs. 1.00 lakh per course, in the event of strength of such students are more than five (5) and in the event of strength of such students being less than five (5), college shall deposit a sum of Rs. 50,000/- per course with the University so that it would act as a deterrent. Delay and lapses that has occurred is due to the sole negligence of college and its Management and present situation is brought about by the college which has resulted in University undertaking an exercise of scrutiny of admissions by expending money and man power.
10. It can also be noticed that notification issued by the University would clearly indicate, three modes has been prescribed for submitting the list of students for approval of their admission by the University. Petitioner - college have contended that on account of Server problem they could not upload the list of students to the website of University. It can be noticed that very same college had uploaded names of certain students before cut-off date and their admissions have been approved by the University. Even otherwise, no explanation is forthcoming from college as to why other modes namely, sending by e-mail, Fax and delivery by submitting hard copy could not be availed by them. This smacks of bonafides of the colleges. Had any one mode prescribed by the University been followed by the petitioner - college, this situation could have been avoided. This situation has been brought about by the petitioner - college themselves and they cannot be heard to contend said infraction requires to be condoned. At the same time, no fault can be found with the University in not approving the list since petitioner - college had not submitted the list within prescribed period.
11. Respondent-University in the meanwhile is directed to provisionally admit the petitioners to the course in question and permit them to appear for the examination scheduled to be held on 15.09.2015 or any other date that may be fixed by the University. After scrutiny of Admission Registers and any other material that may be submitted by the college as directed herein above, if the University were to hold that students are found to be eligible, their results shall be declared accordingly. However, in the event of any of the candidates is found to be ineligible or his/her admission is found to be illegal i.e., having been admitted beyond the prescribed cut off date, then, results of such of those candidates shall not be declared though they are provisionally admitted to the course and students would not be entitled to claim any equity in this regard and no right will vest in them to claim such equities.
12. In order to balance the scale and ensure that incidents as has occurred now do not occur in future and to assure that petitioner - college would be vigilant, diligent and would not give room for any suspicion arising in the matter of admission, following directions are also issued:
(1) Admission Register along with proof of having paid the prescribed approved fee to the University by the respective colleges shall be submitted and got certified by the Registrar of the University or his designated Official within four (4) days from the prescribed cut-off date fixed for admission.
(2) Date, amount and number of the Receipt shall be indicated in the Admission Register maintained by the college corresponding to the name of student and signature of the student should also find place in the Admission Register.
(3) Notification shall be issued by the Registrar of University one month prior to the cut off date for admission by calling upon all the colleges to submit their Admission Register and said notification shall also indicate the details of on-line uploading, admission by e-mail, Fax or personal delivery with date and time.
(4) Such notification issued by the University from time to time relating to admission shall also include a clause indicating that colleges would also be entitled to submit list of students admitted by respective colleges within prescribed time by submitting such list in person to the University.
Accordingly, Writ petitions stands disposed of.
Sriyuths N.K. Ramesh/S.G. Pandit, learned Advocate appearing for respondent - University permitted to file vakalathnama if not already filed within three weeks from today.
Ordered accordingly.
