Lalitha R.Nath vs. Kannur Medical College 

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FACTS OF THE CASE

1. In order to appreciate the controversy and the contentions, a brief synopsis of the relevant facts is required to be noticed. 6.1 KMC is a private self-financing medical college which was established in the year 2006 with sanctioned intake of 100 students. Subsequently, it appears, an additional intake of 50 students was permitted thereby increasing the sanctioned intake to 150 students per year.

2. Civil Appeal a/o. of SLP © No. 7907 of 2020 & Ors. On 28^th April, 2016, in Sankalp Charitable Trust and Another v. (2016) 7 SCC 487 2 (2016) 7 SCC 353 Civil Appeal a/o. of SLP © No. 7907 of 2020 & Ors. However, the ASC, on 3^rd September, 2016, reiterated its stand stating that admissions in contravention of its directions would not be registered by KUHS. Subsequently, on 15^th September, 2016, the ASC, after conducting an inquiry, cancelled all admissions made by KMC on the ground that the college had neither called for online applications nor had it complied with the requirements in the revised approval of prospectus dated 10^th September, 2016. Thereafter, the ASC issued an order dated 17 th September, 2016 reiterating its earlier directions and calling upon KMC to publish relevant details online. Applications for MBBS degree course in KMC for 2016-17 were also invited.
3.  The matter reached this Court in Special Leave Petition (Civil) No. 9835 of 2016 and vide order dated 28^th September, 2016, it was directed that all counselling shall be centralised. Shortly thereafter, on 2^nd October, 2016, the ASC cancelled MBBS admissions granted by KMC due to non-compliance of its orders. The Government of Kerala was also requested to direct CEE to conduct centralised admissions.

ISSUES RAISED

1. The college shall return the double of the amount than the fees at (sic) deposited by each one of 150 students with college, by 4^th September, 2018. It is submitted that the amount shall be remitted in the bank account of each of the students. Let compliance report including bank statements, bank account numbers with names of students be filed not only in this Court but also to the Admission Supervisory Committee (ASC). The ASC shall ascertain and submit the report whether amount has Civil Appeal a/o. of SLP © No. 7907 of 2020 & Ors. been refunded, as ordered, to the students and bank accounts belong to them.
2. It is agreed to that the order of ASC for withdrawal of the affiliation shall not be acted upon in case the order is complied with.
3.  It is also agreed to that Kannur Medical College, shall be permitted to participate in the mop-up round, which is going to take place on 4^th and 5^th of September, 2018, before the Controller of Entrance Examination, Kerala, and only those students who opt for college shall be allotted and no other.

CONTENTIONS OF APPEALENT

1. Let the amount of Rupees One Crore cost be paid by the college to the Chief Minister’s Relief Fund, Kerala, by 20^th September, 2018. The college shall also deposit the sum of Rs.10,00,000/- (Rupees Ten Lakhs) with the Supreme Court Advocates-on-Record Welfare Trust and Rs.1,00,000/- (Rupees One Lakh) with the Supreme Court Bar Association.
2. In case of non-compliance, the order shall be withdrawn by this Court. In view of disposal of the main petition, pending applications shall also stand disposed of.

CONTENTIONS OF REPONDENT

1. The Admission Supervisory Committee has noticed the contents in the public notice issued by the Kannur Medical College and found that the notice issued is totally against the direction contained in the Hon’ble Supreme Court order dated 29.08.2018 and it appears that the Medical College has not properly understood the order.
2. The apex court has directed the medical college to comply with (sic) was clearly stated in the communication referred as 2^nd paper above, i.e. the Hon’ble Supreme court has directed to refund double of the amount than the fees deposited by each one of the 150 students.
3. The tuition fees regulated by the Fee Regulatory Committee for Kannur Medical College during the academic year 2016-17 was Rs.3 lakhs as per the order no. FRC 50/16/MBBS/KMC dated 23.02.2018, which was already received by the Medical College

JUDGEMENT 

It is seriously disputed fact in the instance case that how much amount had been collected from each of the students and what has been refunded as per the Order passed by this Court is not the appropriate sum. In the facts and circumstances of the case, as certain material has been placed on record by the college in this Court only and that was not placed before the ASC and students have also come up with certain documents indicating how they had collected amount paid, they are also required to be considered by the ASC. This Court cannot conduct factual enquiry. It was suggested by Mr. Jaydeep Gupta, learned senior counsel that the parties may be relegated to the ASC for adjudication of the aforesaid aspect. The ASC to consider the material which may be placed on record by the respective parties and take a decision in accordance with law on the basis of the evidence adduced in each of the case with respect to each of the students.

ANALYSIS

In case of non-compliance, the order shall be withdrawn by this Court. In view of disposal of the main petition, pending applications shall also stand disposed of.” With respect to refund, let enquiry be made by the ASC and let appropriate order be passed in this regard. Accordingly, the application stands disposed of.” Before we examine and determine the merits, it is pertinent to state that vide interim order dated 18 th June, 2020 passed in the special leave petition filed by Lalitha R Nath and others, impugned judgment and order dated 29^th May, 2020 has been stayed.

Court have  given their consideration to the arguments .

REFERENCES

1. SCC Online
2. https://indiankanoon.org/doc/111538592/ 
3. https://www.livelaw.in/pdf_upload/march-2022-reportable-judgments-sc-vidhi-thaker-and-prastut-dalvi-live-law-414385.pdf

Written by Dilpreet kaur an Intern Under Legal Vidhiya

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