Vydehi Institute Of Dental Sciences vs. State Of Karnataka

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WP Nos.28966-28968/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF JULY 2015

BEFORE

THE HON’BLE MR. JUSTICE H.G.RAMESH

WRIT PETITION NOS.28966-28968/2015 (EDN-RES)

BETWEEN:

1. VYDEHI INSTITUTE OF DENTAL
SCIENCES AND RESEARCH CENTRE
NO. 82, EPIP AREA, NALLURAHALLI
WHITEFIELD, BANGALORE 560066
REPRESENTED BY ITS PRINCIPAL
DR D.P.NARAYAN
SON OF LATE D.H. PUNDALIK RAO
AGED 64 YEARS

2. MS. RAHEE INGTIPI
DAUGHTER OF MR. SAMSON INGI
AGED ABOUT 19 YEARS
RESIDENT OF HOUSING BOARD
DIPHU, KARBI ANGLONG, ASSAM
PRESENTLY R/O GIRLS HOSTEL
VYDEHI INSTITUTE OF MEDICAL SCIENCES
NO.82, EPIP AREA, NALLURAHALLI
WHITEFIELD, BANGALORE 560066

3. MR. HESAMODIN GHAFARI
SON OF MR. DARIOUSH
AGED ABOUT 19 YEARS
R/AT NO. 404, "SREE EMERALD PARK"
VASVANI LANE ROAD, MARATHALALLI
BANGALORE-560066 ... PETITIONERS

(BY SRI A.LOBO, ADVOCATE)

AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HEALTH & FAMILY WELFARE DEPARTMENT
R

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WP Nos.28966-28968/2015
(MEDICAL EDUCATION),
VIKASA SOUDHA
VIDHANA VEEDHI
BANGALORE 560001

2. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA
TH
4 "T" BLOCK, JAYANAGAR
BANGALORE 560041
BY ITS REGISTRAR ... RESPONDENTS

(GOVERNMENT ADVOCATE SERVED)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO SET THE ASIDE
THE R-2 ACTION OF REFUSAL TO THE APPROVE THE ADMISSION
ST
OF PETITIONERS 2 & 3 IN THE 1 PETITIONER COLLEGE IN THE
FIRST BDS COURSE IN THE ACADEMIC YEAR 2013-14 AND
DIRECTING DISCHARGE, BY ITS LETTER DTD.3.7.2015, VIDE
ANNEX-A AND TO DIRECT THE R-2 TO APPROVE THE ADMISSION
ST ST
OF PETITIONERS 2 & 3 TO 1 YEAR BDS COURSE IN THE 1
PETITIONER COLLEGE, IN THE ACADEMIC YEAR 2013-14


THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

H.G.RAMESH, J. (Oral):
Whether online uploading of admission statement on
the University’s website along with students’ photos before
the date and time stipulated in the admission time schedule
notified by the Rajiv Gandhi University of Health Sciences,
Karnataka, is mandatory? This is the question that needs
determination in these writ petitions.


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WP Nos.28966-28968/2015
2 . These writ petitions by a Dental College and its two
students are directed against the communication dated
03.07.2015 (Annexure-A) issued by Rajiv Gandhi University
of Health Sciences (‘ the University ’) disapproving admission
of petitioner Nos.2 and 3 to I Year BDS Course for the
academic Year 2013-2014 in petitioner No.1-college on the
ground that their names were not uploaded online on the
University’s website before the stipulated date and time.

3. I have heard Sri A.Lobo, learned Counsel appearing
for the petitioners and perused the record.

4. The impugned communication of the University dated
03.07.2015 reads as follows:
“ Ref……………………………….. Date:

RGUHS/AC2-ADM/BDS/2014-15/D041 03.07.2015

To

The Principal
Vydehi institute of D Sciences & research Centre,
#82, EPIP Area, White field,
Bangalore- 560 066.

Sub: Non – Approval of UG admission of
students of 2013-14 batch.


Adverting to the above, I write to inform you that after
verifying the documents submitted by you, the data of the
following students were not uploaded online in to the RGUHS
website within the calendar of event




1. Rehee Ingtipi

2. Hesamodin G Hafaris



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WP Nos.28966-28968/2015
You are here by informed to discharge the students
from the college immediately and the action taken report in
this regard may be submitted to this University at the earliest.

Yours faithfully,
Sd/-. 03.07.15
(Dr S.Sacchidanand)
REGISTRAR “

5. The notification dated 03.07.2013 (Annexure-B)
issued by the University prescribing admission time
schedule for the academic year 2013-14 is extracted below:
“ Rajiv Gandhi University of Health Sciences, Karnataka
th
4 ‘T’ Block, Jayanagar, Bangalore- 560 041
____________________________________________________
Ref: UA/UG-CE/BDS/12/2013-2014. Date: 03.07.2013

NOTIFICATION

Ref: 1. MCI Letter No.23(1)/ 2003-MED/26637 dated: 28.01.2005
2. SLP No.14919/2000-(2002) 7/SCC/258 dated: 11.09.2002
of Hon’ble Supreme Court of India, in the case of MCI VS
Madhu Singh and others
3. Judgment on civil appeal no:4318 & 4319/2012 of Hon’ble
Supreme Court of India, in the case of Priya Gupta Vs.
State of Chhatishgadh and others.

Note: 1) If above dates fall on a holiday, the subsequent working day will
be taken as the last date.

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WP Nos.28966-28968/2015
2) List of students admitted must be submitted through E-M to
a) registrarrguhs@gmail.com & b) rguhsadmissions@gmail.com
within 17.00 hours of last date of admission.
3) Hard copy of the list of the students admitted must be submitted to the
Registrar RGUHS in person in duplicate on the next working date of the last
date of admission and an acknowledgement be obtained from this office.
4) Online Uploading of admission statement can be done till the last date of
admission.
5) The same calendar of events with appropriate changes in the year shall
be maintained for subsequent years. Changes in date and month, if any, will
be notified separately.
By Order
Sd/-
(Dr.D.Prem Kumar)
Registrar”

6. As could be seen from the University’s notification
dated 03.07.2013 prescribing the admission time schedule
for admission to BDS Course for the academic year
2013-14, which is extracted above, online uploading of
admission statement on the University’s website along with
students’ photos should be completed before 5.30 p.m. on
30.09.2013. Similarly, list of candidates admitted shall be
sent by e-mail to the University by 5.30 p.m. on
30.09.2013. Note (3) in the notification states that hard
copy of the list of students admitted must be submitted in
duplicate to the Registrar of the University in person on the
next working day after the last date of admission and an
acknowledgement in that behalf shall be obtained from the
University’s office.

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WP Nos.28966-28968/2015
7. It is not the case of petitioner No.1-college that the
names of petitioner Nos.2 and 3 were uploaded online on
the University’s website before the stipulated date & time
i.e. before 5.30 p.m. on 30.09.2013. It is also not the case
of petitioner No.1-college that it submitted the names of
petitioner Nos.2 & 3 to the University through e-mail by
5.30 p.m. on 30.09.2013.

8. To examine as to whether strict adherence to the
admission time schedule is mandatory, it is relevant to refer
to the following observations made by the Supreme Court in
Priya Gupta v. State of Chhatisgarh [(2012)7 SCC 433] :
“78.4. With all the humility at our command, we
request the High Courts to ensure strict adherence
to the prescribed time schedule, process of selection
and to the rule of merit. We reiterate what has been
stated by this Court earlier, that except in very
exceptional cases, the High Court may consider it
appropriate to decline interim orders and hear the main
petitions finally, subject to the convenience of the Court.
We may refer to the dictum of this Court in Medical
Council of India v. Rajiv Gandhi University of Health
Sciences [(2004)6 SCC 76], SCC para 14 in this regard.”
(underlining and emphasis supplied)

9. The following observations made by a three judge
bench of the Supreme Court in Mridul Dhar v. Union of India
[(2005)2 SCC 65], also require to be noticed:
“ 32. Having regard to the professional courses, it
deserves to be emphasized that all concerned including

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WP Nos.28966-28968/2015
Governments, State and Central both, MCI/DCI, colleges
– new or old, students, Boards, universities, examining
authorities, etc. are required to strictly adhere to the
time schedule wherever provided for ; there should
not be midstream admissions; admissions should not be
in excess of sanctioned intake capacity or in excess of
quota of anyone, whether State or management. The
carrying forward of any unfilled seats of one academic
year to next academic year is also not permissible.”
(emphasis supplied)


10. In the light of the observations made by the Supreme
Court in the two decisions referred to above, strict
adherence to the admission time schedule is mandatory.
Accordingly, online uploading of admission statement on the
University’s website along with students’ photos before the
date and time stipulated in the calendar of events notified
by the University is mandatory. Hence, I find no legal
infirmity in the impugned communication dated 03.07.2015
issued by respondent No.2-University to warrant
interference by this Court.

11. Having come across several matters relating to
disapproval of admissions to BDS Course, I deem it
appropriate to make certain observations relating to
functioning of Rajiv Gandhi University of Health Sciences,
before parting with this case. In the present case, as per
the calendar of events , the tentative last date stipulated for

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WP Nos.28966-28968/2015
sending the approved list of admissions to the institutions
was 31.12.2013, but the University has sent the
communication disapproving the admission of petitioner
Nos.2 and 3 in the month of July 2015. The impugned
communication does not state as to whether the University
had sent any communication earlier, disapproving the
admission of petitioner Nos.2 and 3. Why the University
issued the communication belatedly i.e. one and a half
years after the last date? Who enquired about the approval
of admission of petitioner Nos.2 and 3? What caused the
University to issue such a bald communication without
referring to any previous correspondence of the college
relating to admission of petitioner Nos.2 and 3? Is it only to
provide some document to the college to approach this
Court? The Vice Chancellor shall look for the concerned
officials to elicit answers to the above questions.

12. I have come across several belated communications
issued by the University disapproving admissions, just prior
to commencement of I year BDS examinations. In none of
those matters, the University had sent the disapproved list
of students to the respective colleges on or before the date

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WP Nos.28966-28968/2015
st
(31 December) stipulated in the calendar of events . The
concerned colleges also had not enquired about it with the
University immediately after the last date stipulated for
sending the approved list of admissions. However, in some
of the matters, the University had sent the communications
to the concerned colleges in the months of February, March
and April 2014, but the colleges did not approach this Court
immediately after receipt of the communications. The
colleges, barring a few, approached this Court only a week
or a day prior to commencement of the examinations. This
appears to be a regular annual affair for some of the Dental
Colleges in Karnataka.

13. Why the University does not send the approved and
disapproved list of admissions to the institutions on or
before the stipulated date needs to be enquired into.
Sending a bald communication without any previous
reference, just before the commencement of the
examinations, like the one impugned in these writ petitions,
looks very strange. This appears to be part of a well
thought out arrangement between some of the Dental
colleges in Karnataka and some of the officials in the

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WP Nos.28966-28968/2015
University dealing with admissions to BDS Course. To know
who are all involved in this well thought out arrangement , a
proper enquiry is necessary. A perusal of the nature of the
communications that were impugned before this Court and
their date will reveal a lot. The malfunctioning is evidenced
by the nature of the communications and the timing of their
issue. This malfunctioning by some of the officials of the
University has to be stopped by the Vice Chancellor who is
at the helm of affairs in the University . Under Section 13 of
the Rajiv Gandhi University of Health Sciences Act, 1994,
the Vice Chancellor shall exercise general supervision and
control over the affairs of the University , and shall be
responsible for the proper administration of the University .
It appears that there is no effective supervision in respect of
admissions to BDS course. Immediate corrective steps are
necessary to set right this conscious malfunctioning of
certain officials in the admission section of the University
relating to BDS course. The Vice Chancellor shall make
appropriate changes in the admission Section concerning
BDS Course and he shall see that the University shall
strictly adhere to the calendar of events as directed by the

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WP Nos.28966-28968/2015
Supreme Court in the two judgments referred to above. If
the University does not strictly adhere to the calendar of
events , it will be a clear case of failure of administration in
the University and the Vice Chancellor will become directly
responsible for the failure, as in law, he shall be responsible
for the proper administration of the University .

14. The University shall, on or before the last date
stipulated for approval of admissions, make available on its
website, course wise & college wise , the names of the
students approved for admission and the names not
approved, with a specific note that no other name was sent
by the college for approval. This information shall be made
available on the University’s website till completion of I year
or I semester examinations of the course concerned. This
procedure shall be followed in respect of all the courses that
require approval by the University . This will bring in
transparency in the functioning of the University and the
colleges affiliated to it. By this, the students will come to
know as to whether their admissions have been approved
by the University or not. They will not be kept in dark till the
commencement of the examinations as it is happening now.

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WP Nos.28966-28968/2015
The University shall also direct the concerned colleges to
communicate to the student in writing, if his/her admission
is disapproved by the University . The Vice Chancellor shall
also consider taking other appropriate steps, with the use of
technology, to make the functioning of the University and
the affiliated colleges more transparent by making available
all the relevant information to all the stakeholders at the
University’s website.

15. Registry shall send a copy of this order to the Vice
Chancellor, Rajiv Gandhi University of Health Sciences, for
taking immediate corrective measures as stated above.
Petitions dismissed.

Sd/-
JUDGE


KSR