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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Shridevi Charitable Trust – Appellant
Versus
Union of India, Ministry of Health and Family Welfare, New Delhi – Respondent
ORDER :
1. W.P.No.41899/2015 has been preferred by the Shridevi Institute of Medical Sciences and Research Hospital (hereinafter referred to as 'the College') for the relief inter alia to quash and set aside the letter dated 23.09.2015 issued by the Union of India regarding non-renewal of the permission for the 3rd batch of MBBS Course in the College for the academic year 2015-2016. The College has also prayed for a direction to the respondents to consider the petitioner/college for renewal of permission of MBBS course with intake capacity of 150 seats for the academic year 2015-2016. Consequential prayers are also made by the College.
2. On 28.09.2015, this Court passed the following order in the said petition:
"The 2nd petitioner was established pursuant to the grant of permission dated 13.07.2013 by the MCI for running a Medical College with an annual intake of 150 students. The permission was renewed for the Academic year 2014-15 by the respondents. Thereafter, the petitioners made an application for renewal of the permission for the 3rd batch i.e., for the Academic year 2015-16 which was referred to the MCI, which got caused an assessment of the physical and other teaching facili
The Court emphasized that minimal deficiencies should not negate renewals for educational institutions, ensuring student admissions are preserved in public interest.
The court established that delays in seeking relief under Article 226 do not bar claims when fundamental rights are violated, especially in cases involving mistakes or fraud.
Judicial relocation of students from a deficient medical college requires the defaulting institution to bear primary fee liability through secured funds, with equitable adjustments preventing student....
Judicial intervention to preserve academic continuity during institutional failure does not create permanent rights to subsidized fees. Financial liability must be equitably apportioned, ensuring the....
The court emphasized the necessity of caution in issuing interim orders affecting medical seat allocations, affirming the principle of restitution for parties adversely affected by such orders.
An educational institution can only charge prescribed fees for one semester/year and may require a bond/bank guarantee for the balance fees if a student may leave in midstream.
Interim orders allowing increases in medical college seats without proper approval are impermissible and jeopardize students' futures.
The court emphasized that monetary claims against educational institutions must adhere to regulatory frameworks ensuring transparency and accountability in admissions and fee structures.
Court found that a medical college's appeal against earlier fee fixation orders lacked transparency and procedural integrity due to undisclosed prior litigation, ultimately affirming the initially se....
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