Sachin Shankar Magadum, J
1. Smt.Farah Fathima, learned counsel is directed to accept notice for respondent.
2. The captioned writ petition is filed by the college and students seeking mandamus against respondent - University to approve the admission of petitioner Nos.2 to 6 for 1st year BAMS Course for the academic year 2021-22. A mandamus is also sought to permit petitioner Nos.2 to 6 to take up first year examination scheduled on 27.07.2023 by accepting the examination fee and a request is also made to approve the admissions of petitioner Nos.2 to 6.
3. The facts of the present case is squarely covered by the judgment rendered by this Court in W.P.Nos.13658/2023 and 11214/2023 as they are found to be identical.
4. In the present case on hand, this Court would find that petitioner No.1 - College has admitted the present petitioner Nos.2 to 6 after cut off date. The list sent by the petitioner No.1 - College contradicts the college stand taken in the captioned writ petition. The names of the petitioner Nos.2 to 6 are not found in the list, which is uploaded by petitioner No.1 - College at the first instance. Therefore, in all probability, petitioner No.1- College has admitted these students after cut off date.
5. It is also borne out from the records that no attempt is made by petitioner No.1 - College to upload the original documents of these students, if they had really uploaded and admitted the present petitioner Nos.2 to 6.
6. In the judgment cited supra, this Court taking lenient view bearing in mind the students' interest has issued a mandamus to the respondent - University to approve the admissions subject to the conditions indicated in the said judgments. The present petition also deserves to be allowed on the same lines by imposing cost of Rs.10,00,000/- on the petitioner No.1 - College.
7. For the reasons stated supra, I proceed to pass the following order;
ORDER
(i) Writ Petition is allowed.
(ii) The Respondent University is hereby directed to approve the admission of petitioner Nos.2 to 6 and permit them to pursue the 1st year BAMS course and attend the examination, subject to petitioner No.1 - College depositing a cost of Rs.10,00,000/- with Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru within a period of four weeks.
(iii) The petitioner No.1 - College shall submit undertaking to the respondent - University that it will not repeat such mistake of admitting the students beyond cut-off date. In the event, there is a violation in admitting the students beyond cut off date in the next academic year, the respondent - University is at liberty to hold an enquiry and withdrawn the affiliation of the respondent No.1 - College, if situation warrants.
(iv) Having admitted the students beyond cut-off date, petitioner-Medical College shall surrender five management seats to the Government during the next academic year.
(v) Since ensuing examinations are scheduled on 25.07.2023, the respondent - University shall issue hall tickets of the students and permit the students to take the examination.
