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2015 Supreme(Ker) 121
HIGH COURT OF KERALA
ASHOK BHUSHAN AND A.M. SHAFFIQUE, JJ.
U.R. Aryakrishna & Others – Appellants
Versus
State of Kerala represented by Principal Secretary Department of Health & Family Welfare Thiruvananthapuram & Others – Respondents
Case No : WA. No. 186 of 2015 in WP(C) No. 27408 of 2013
Decided On : 20-02-2015
For the Appellants:Jinu Joseph, Advocate
For the Respondents:C.R. Shyamkumar, Government Pleader, P. Sanjay, Advocate, R2, P. Sreekumar, SC, Kerala Uty. Health
Authorities are bound to adhere to the cut-off date, and only in exceptional cases where unequivocal discrimination or arbitrariness or pressing emergency is found, discretion can be exercised by the court.
Headnote:
Admission - BDS Course - 30.09.2013 - [ADMISSION] - [BDS Course] - [Mridul Dhar v. Union of India ([2005] SCC 65), Priya Gupta v. State of Chattisgarh ([2012] 7 SCC 433), Asha v. Pt.B.D. Sharma University of Health Sciences and Others ([2012] 7 SCC 389)] - The court considered the issue of admission to the BDS course and the adherence to the cut-off date of 30.09.2013. It referenced the judgments in Mridul Dhar v. Union of India, Priya Gupta v. State of Chattisgarh, and Asha v. Pt.B.D. Sharma University of Health Sciences and Others to establish that authorities are bound to adhere to the cut-off date, and only in exceptional cases where unequivocal discrimination or arbitrariness or pressing emergency is found, discretion can be exercised by the court.
Fact of the Case:
The appellants sought a direction to the University to permit them to continue their BDS Course 2013-14. The College was permitted enhancement of seats from 50 to 100 by order dated 04.09.2013 by the Central Government. The College could obtain approval from the University only on 25.09.2013 to take 50 more students for the BDS Course 2013-14. The College by 12 midnight of 30.09.2013 could upload details of only 67 students admitted by the College. The College on 03.10.2013 reported that it could not complete the online registration of all the students admitted by it and there were 9 students more admitted on 30.09.2013. The University rejected the prayer for registration of the 9 students.
Finding of the Court:
The learned Single Judge dismissed the Writ Petition holding that the admissions were not carried on or before the cut-off date i.e., 30.09.2013. The court found that no error has been committed by the learned Single Judge in dismissing the Writ Petition.
Issues: The issue to be considered was whether the University committed an error in declining registration of the appellants whose details could be submitted by the College only on 03.10.2013.
Ratio Decidendi: The court established that authorities are bound to adhere to the cut-off date, i.e., 30.09.2013, and only in exceptional cases where unequivocal discrimination or arbitrariness or pressing emergency is found, discretion can be exercised by the court.
Final Decision: The Writ Appeal was dismissed.
Ashok Bhushan, Ag. C.J.
1. This Writ Appeal has been filed by the appellants who filed W.P(C) No.27408 of 2013 seeking a direction to the 2nd respondent-University to permit the petitioners to continue undergoing their course in the 3rd respondent's college for BDS Course 2013-14 and also to direct the University to permit enrollment of petitioners for BDS Course 2013-14 and intimate the Dental Council the same. Writ Petition filed by the petitioners was dismissed by a learned Single Judge on 09.01.2015 against which judgment this Writ Appeal has been filed.
2. Brief facts giving rise to the Writ Appeal are:
The 3rd respondent College was permitted enhancement of seats from 50 to 100 by order dated 04.09.2013 by the Central Government. The College could obtain approval from the University only on 25.09.2013 to take 50 more students for the BDS Course 2013-14. Under the notification issued by the University, all Colleges were to complete their admission by 30.09.2013 and upload the details on the website of the University on or before 12 midnight of 30.09.2013. The College by 12 midnight of 30.09.2013 could upload details of only 67 students admitted by the College. The College on 03.10.2013 reported that it could not complete the online registration of all the students admitted by it and there were 9 students more admitted on 30.09.2013. The University by letter dated 10.10.2013 communicated that since the cut off date for admission to BDS Course was 30.09.2013 which was informed to the Colleges sufficiently early, hence registration of students beyond the prescribed time cannot be performed by the University. It was further stated that the College had made online registration up to 11.54 p.m on 30.09.2013 and even if the online link was disconnected, the College could have submitted details before the University before 5.00 p.m on 01.10.2013. The University rejected the prayer for registration of the 9 students. 3. Petitioners filed W.P(C) No.27408 of 2013 in this Court in which interim order was passed on 10.07.2014.
4. In the Writ Petition the University filed a statement stating that the College had made 67 admissions on 30.09.2013 which have been uploaded in the online portal and 9 students were admitted belatedly and there are justifiable reasons to doubt the veracity of the application form and the admission card produced along with the Writ Petition. The College did not submit the details even on the next day and the excuse given by the College that the Principal was on leave is not acceptable. Other pleas were also raised in the statement which would be referred hereinafter.
5. The College also filed a counter affidavit stating that the College got very little time to complete the admission since the University gave the final order only on 25.09.2013. It is stated that the hard copy of the details could not be given to the University on 01.10.2013 since the Principal was not available in the forenoon. The next day being holiday, entire details were handed over on 03.10.2013. Reference of an interim order passed by the Apex Court has also been made, in favour of the students who were admitted even after 30.09.2013.
6. Learned Single Judge by judgment dated 09.01.2015 dismissed the Writ Petition holding that the admissions were not carried on or before the cut-off date i.e., 30.09.2013. Referring to the judgments of the Apex Court it was held that schedule of the admission has to be strictly adhered to by the College and there are no reasons to regularise the admissions even after the cut-off date.
7. Learned counsel for the appellants contended that the students were given admission by the College on 30.09.2013 and the appellants should not be made to suffer on the fault of the College in not uploading the details on the website of the University. It is submitted that the students who were admitted after 30.09.2013, i.e., on 2nd and 3rd October, 2013 had approached this Court by filing W.P(C) No.27933 of 2013 wher
