2023 Supreme(Kar) 368
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SURAJ GOVINDARAJ, J.
Mother Marry College of Nursing, Kalaburagi – Petitioner
Versus
The Registrar Rajiv Gandhi University of Health Sciences Karnataka – Respondent
Writ Petition No. 200583 of 2023
Decided On : 21-06-2023
Advocate Appeared:
For the Petitioners: S.S. Mamadapur, Pradeep Kumar P.K.
For the Respondents: R.J. Bhusare, Maya T.R.
Headnote:
B.Sc.Nursing course - Admission - Online submission - Technical errors - Petitioner No. 1 college claims to be running a B.Sc.Nursing College and petitioner Nos.2 to 11 were admitted for first year B.Sc.Nursing course in academic year - Grievance of petitioner No. 1 is that despite admissions having been made, details could not be uploaded in terms of notification dated at Annexure-D , since portal had glitches and there were some technical errors, petitioner No. 1-College wrote to respondent No. 1-University on stating that they could not upload the details of students due to technical issue and requested respondent No. 1-University to open portal for enabling online submission of applications - Since no action has been taken by respondent No. 1-University, petitioners are before Court seeking for the aforesaid reliefs - Losses which have been caused to the students would also have to be made good by the petitioner No. 1-College in monetary terms. [Para 12]
Finding of Court : In view of serious omissions and commissions on part of petitioner No. 1-College, data not being uploaded since admission has been carried out post last date, without probably informing the students at last date by collecting fees from them and inserting their names in admission Register now leads to a situation where on account of refusal by respondent No. 1 University, they would not be able to take up examinations for this year - Court cannot also direct respondent No. 1 University by issuance of mandamus to accept fraud which has been committed by petitioner No. 1-College – Court of considered opinion that losses which have been caused to the students would also have to be made good by petitioner No. 1-College in monetary terms, though same may not offer adequate succour to said students - Action on part of petitioner No. 1-College would also require investigation by appropriate authority including police authorities to determine fraud played and to take necessary action including criminal action, if necessary, apart from other administrative action that University would be permitted to take against petitioner No. 1-College.
Result : Petition is dismissed.
ORDER :
1. The petitioner No. 1 college and students are before this Court seeking for the following reliefs:
“(a) Issue an order or direction or writ in the nature of mandamus directing the 2nd respondent to consider the representation made by the petitioner No. 1 as per the Annexure-F and enable the web portal to allow uploading details of the students and issue the Registration Numbers to all the eligible petitioner no. 2 to 11 without any discrimination, whose details shall be uploaded if the portal is enabled.
(b) Issue an order or direction or writ in the nature of mandamus directing the respondent No. 2 to permit the students of petitioner No. 1 to appear for Examination of 1st year B.Sc. Nursing Course commencing on 13.02.2013.
(c) Issue an order or direction or writ in the nature of mandamus directing the respondent No. 2 to approve the admission of the students of petitioner No. 1 and announce the results of the exams.
(d) Grant such other relief that this Hon’ble Court may deem fit in the facts and circumstances of the case.”
2. Petitioner No. 1 college claims to be running a B.Sc.Nursing College and petitioner Nos.2 to 11 were admitted for the first year B.Sc.Nursing course in the academic year 2021- 22. The grievance of the petitioner No. 1 is that despite the admissions having been made, the details could not be uploaded in terms of notification dated 04.04.2022 at Annexure-D by 07.04.2022, since the portal had glitches and there were some technical errors, the petitioner No. 1-College wrote to the respondent No. 1-University on 10.01.2023 stating that they could not upload the details of the students due to technical issue and requested the respondent No. 1-University to open the portal for enabling online submission of applications. Since no action has been taken by the respondent No. 1-University, the petitioners are before this Court seeking for the aforesaid reliefs.
3. Sri.Pradeep Kumar P.K. learned counsel for the petitioners submits that it is only on account of technical glitches that the applications and details of the students could not be uploaded on to the website, if there were no technical glitches, they would have uploaded on time, and submits that interest of the students ought not to have suffered due to technical glitches of respondent No. 1-University.
4. Sri.R.J.Bhusare, learned counsel for respondent No. 1-University after service obtained instructions and submits that:
4.1. On inspection being taken of the Register of admission of the petitioner No. 1-College, it is found that there are several extrapolations of the said Register, inasmuch as the names of the students have been inserted in the Register by pasting a paper on the existing names and even after the admissions have been completed, names of some students have been added. In that background, he submits that the explanation which has been offered by the petitioner No. 1-College that they could not upload the details on time due to technical glitch is not acceptable.
4.2. Even if there is technical issue, the petitioner No. 1- College could have forwarded the same through email on the very same day or on the next day which could have been considered. The last date for uploading was 07.04.2022, the same not having been done, the University will not be able to consider the representation made by the petitioner No. 1-College. On these grounds he submits that the writ petition is required to be dismissed.
5. Heard Sri.Pradeep P.K., learned counsel for the petitioners and Sri.R.J.Bhusare, learned counsel for respondent No. 1 University, Smt.Maya T.R. learned High Court Government Pleader for respondent No. 2 and perused the records.
6. On the earlier occasions when Sri.R.J.Bhusare, learned counsel for University on instructions had made a submission that there is extrapolation in the Admission Register. He had been called upon to produce the original of Register of Admission of the petitioner No. 1-College which has been produced today.
7. A mere ins