2013 Supreme(Kar) 131
High Court of Karnataka
DILIP B. BHOSALE & B. MANOHAR, JJ.
Nilesh Kumar & Others
Versus
State of Karnataka, Through Its Principal Secretary & Others
W.P. Nos. 49971-49972 of 2012 (EDN, MED-ADM) & 48424-48426, 51151, 49971-49972 of 2012 (EDN, MED-ADM)
Decided On : 25-02-2013
For the Petitioners:B.S. Aravinda Babu, Sumanth Kumar Patil a/w Jayakumar S Patil, R.J.S. Praveen, Dharshan, Pradeep C Yadav, Advocates.
For the Respondents:R1, Mrs. M.C. Nagashree, HCGP, R3 & R4, Madhusudan Naik, Sr. Counsel for K. Shashikiran Shetty, Advocate, R2, Served.
Headnote:UNIVERSITY GRANTS COMMISSION ACT, 1956 - Section 12: MBBS course: [Dilip B. Bhosale & B. Manohar, JJ] Dismissal of student from course on ground of impersonation - Finger prints and signatures of dismissed students obtained at time of test did not match their admitted finger prints and signatures - This was clear case of impersonation-Brochure and notification published for course clearly provided for dismissal of students in case of impersonation and students were aware of it when they indulged in such malpractice - They were given full and fair opportunity to meet allegation at stage of enquiry - Held, Merely because Expert’s report was not made available or full-fledged enquiry was not conducted, order of dismissal could not be held illegal when allegation of impersonation had been proved. Dismissal from MBBS course is proper.
1. These six writ petitions, filed under Articles 226 of the Constitution of India, challenge the validity of the orders, all dated 29.11.12, passed by respondent No.3-the Registrar, Sri Devaraj Urs Academy of Higher Education and Research (for short 'the University') whereby all the petitioners have been dismissed from the course of MBBS to which they were admitted in respondent No.4 -college, affiliated to the University, and directed to vacate the rooms allotted to them in the hostel on or before 3rd December 2012. The order passed in case of one of the petitioners namely Nilesh Kumar (WP 49971/12) reads as follows:
"It has been confirmed through investigations of Biometric analyses, Photo identification and Verification of Signature that you are guilty of impersonation and cheating the university at the entrance examination (SDUAHER-AIUGMET-2012) for undergraduate (MBBS) course held on 22.4.2012 and also in the counselling held on 29.06.2012. By this fraudulent act of yours, you have managed to secure admission to the MBBS course at Sri Devaraj Urs Medical College, the constituent institution of the university for the academic year 2012-13.
Hence, you are dismissed from this course and the institution. You are further informed that, you are liable to pay the remaining tuition fees for the entire MBBS course, as the university could not admit any other student in your place.
You are also informed to vacate the room allotted to you in the hostel on or before 3rd December 2012.
Registrar."
2. Respondent No.3 is a deemed University recognised under Section 3 of the University Grants Commission Act, 1956. Respondent No.4-Sri Devraj Urs Medical College (for short "the college") is affiliated to respondent No.3-University. The college was established in 1986 and it has total intake of 150 students for MBBS course. After the respondent No.3-University was declared deemed University, vide Notification dated 25.5.2007, they started conducting Entrance Test for admitting students for MBBS course run by the College.
3. For the admission to undergraduate (MBBS) course, for the academic year 2012-13, respondent No.3 Sri Devaraj Urs Academay of Higher Education and Research, comprising Sri Devaraj Urs Medical College (respondent No.4) published a brochure (SDUAHER- AIUGMET-2012) dated 28.2.2012 and the Notification dated 21.05.2012, containing instructions and details of method and manner of conducting entrance test and counselling process indicating verification at different levels (for short "the brochure" and "the notification"). The brochure / Notification, gave calendar of events for the Under Graduate Entrance Test. As per the calendar, for the entrance test they started issuing online application forms on 8.3.12. The entrance test was conducted on 22.4.12 between 9.00 a.m. to 12.00 noon. The result of the test was declared on 8.5.12 and on 23.5.12 they announce rank list. As per the instructions first round of counselling took place on 29.6.12 and on the same day, insofar as the petitioners are concerned, admission process was completed and they were admitted. The petitioners started attending classes from 1st August 2012.
4. It appears that about 1928 application forms from all over the country were received for seeking admission to first year MBBS course and about 662 were declared as eligible candidates to appear for the seat selection and counselling process. Out of 662 eligible candidates, only 288 candidates registered for counselling and seat selection process. In other words, out of 662 candidates, 288 students cleared the entrance test and their names were notified on 21.5.12 in the rank list and they were registered for counselling, which held on 29.6.12. After two rounds of counselling held on 29.6.12 and 25.7.12, finally 150 candidates were selected wherein 127 seats were filled through seat selection and counselling process and remaining 23 seats were filled up inter-se-merit by Management/NRI/Foreign ca