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Manipal Academy of Higher Education Vs. State of Karnataka [1994] INSC 21 (12 January 1994)

Mohan, S. (J) Mohan, S. (J) Jeevan Reddy, B.P. (J)

CITATION: 1994 SCC (2) 283 JT 1994 (1) 90 1994 SCALE (1)83

ACT:

HEAD NOTE:

ORDER

1. This order is made in continuation of the orders dated November 26, 1993 and November 30, 1993.

2. The admissions to the two medical colleges concerned herein, one at Manipal and the other at Bangalore have been unduly delayed. The responsibility for this squarely rests upon the Management of these colleges.

3. On April 7, 1993, Writ Petition (C) No. 317 of 1993 was filed by T.M.A. Pai Foundation with respect to these two colleges among others. The contention was that they are Minority Educational Institutions and, therefore, outside the purview of J.P. Unnikrishnan v. State of A.P.1 and that they should also be permitted to admit foreign students to the extent of 60%. No orders were passed on that writ petition in April or in May.

4. It appears that on June 1, 1993, the University Grants Commission conferred the status of 'deemed university' on these two colleges partly. It is stated that out of 550 seats in these two colleges, 400 seats came under the 'deemed university'.

5. Writ Petition (C) No. 317 of 1993 along with other similar writ petitions came up for hearing before the Constitution Bench on August 18, 1993. The Constitution Bench was not told that parts of these colleges have been declared as 'deemed university'. On the contrary, the counsel for the petitioners continued to insist upon the minority character of these two From the Judgment and Order dated October 12, 1993 of the Karnataka High Court in W.P.No. 33851 of 1993 1 (1993) 1 SCC 645 284 colleges and for permission to admit foreign students from whom they were said to have collected fees in advance. The said request was declined. It is then that on the next date of hearing, viz., September 22, 1993 the said writ petition was partly withdrawn to the extent of the seats which came under the purview of the 'deemed university'. The 150 seats which were outside the purview of the 'deemed university' have been filled up in accordance with the directions of this Court. We are not concerned with those 150 seats at present.

6. On August 16, 1993, the petitioner filed Writ Petition (C) No. 28671 of 1993 in the Karnataka High Court claiming that it has a right to admit students of its own in view of the 'deemed university' status acquired by it and that it is not governed by the decision in Unnikrishnan1. The writ petition was filed by a new entity, Manipal Academy of Higher Education. An interim direction was asked for which was refused by the High Court. Thereupon, they approached this Court by way of the present special leave petition. In this SLP, we had passed certain orders earlier.

7. Out of 400 seats covered by 'deemed university' status, 200 seats have already been filled up pursuant to our earlier orders. We are told that out of 200 students so admitted, 18 belong to SC/ST from whom no fees was to be collected and that the balance seats were equally divided among free seats and payment seats.

8. Now remain 200 seats, which were directed to be filled from among the students who appeared in the All India Entrance Examination held by Director General of Health Services (for admission to 15% quota in the medical colleges throughout the country) have to be filled. We are told that when applications were called for from the students in the said list, only 324 students have applied. But the Secretary to Education Department of Karnataka says that according to the information supplied by the Director General of Health Services, only 47 out of these students had obtained more than 50% marks.

9. At this stage, Shri Rama Jois, appearing for some of the non Karnataka students who had applied for admission in the Karnataka Government Colleges along with a deposit of Rs 1.40 lakhs, but who could not get admission for want of seats, submitted that there are still 83 students in this category awaiting admission. He submitted that none of these 83 students have taken back their deposits. He requested that these 83 students may be admitted in the petitioner's college. He also submitted that these students acquired very high marks in the relevant qualifying examination.

10. Shri Sibal, learned counsel for the petitioner submitted at this stage that, for this year at least, the petitioner may be directed to admit foreign students/NRIs to the extent of 15% at least, as has been directed in the case of other colleges. He also placed before us a list of the aforesaid 324 students arranged in the order of merit on the basis of their marks in the C.B.S.E. (Xllth Standard) Examination.

285

11. Our foremost concern at this stage is to see that students are admitted and the classes begin. Inordinate delay has occurred. In such a situation, we are obliged to pass the following orders keeping in mind "the felt necessities of time" and the limitations within which we are operating. Having regard to the relevant circumstances and having regard to the inordinate delay in commencing the classes this year, this is the best solution we could find.

(1) Since we are applying the formula applied to other non- minority colleges to this case as well, the petitioner's counsel says, the petitioner must also be allowed to admit NRI/foreign students to the extent of 15%, i.e., 60 seats.

We are inclined to agree, confined to this year alone. The petitioner will be entitled to have the quota of 15% for foreign and NRI students. This means 60 students can be admitted as against this quota.

(2) The 87 non-Karnataka students who are stated to have deposited a sum of Rs 1.40 lakhs but who could not be given admission in any college in Karnataka and whose names are mentioned in Annexure 'A' to this order, shall be admitted.

The Secretary, Education Department, Karnataka shall verify the correctness of the said list. The list as approved by her shall be the list for the purpose of this clause. All of them shall be treated as 'payment' students and each of them shall be entitled to admission on payment of Rs 1.10 lakhs. This amount is subject to adjustment later and subject to further orders.

(3) The other 91 'payment' students who had been admitted in pursuance of the earlier orders on payment of Rs 1.40 lakhs shall also be liable to pay the same amount of Rs ].IO lakhs. The excess remaining to their credit need not be refunded by the college but shall be adjusted against the next year's fee.

(4) The 47 students who obtained more than 50% marks in the All India Entrance Test conducted by Director General of Health Services shall be admitted. These 47 students shall be treated as 'free' students. They shall pay only at the rate of Rs 8000 per annum.

(5) In respect of the remaining six seats, students as per Annexure 'B' up to the rank of 8 (Kavitha Chris Sophia) shall be admitted. These students shall be treated as 'free' students. In Annexure 'B', students who obtained ranks 9 to 27 both inclusive (excluding those who have already been admitted, namely, No. 11 Mahadevan Rajaram, No. 13 Gambhir Shweta, No. 26 Acharya Aswath M) will be included in the waiting list. If any of the above students fail to turn up, the admission shall be from this waiting list in the order of merit. The candidates from the waiting list, if any, shall be treated as 'payment' students on payment of Rs 1. IO lakhs.

(6) As regards BDS and Nursing courses, Shri Kapil Sibal, learned Senior Counsel for the appellant, states that 139 seats are vacant for BDS course and 50 seats for Nursing.

Shri Kapil Sibal further states that as against the strength of 200 seats in Dental course, 61 have already been filled up from out of the list sent by the Government of Karnataka.

Out of them, 38 are belonging to the category of 'free' seats while the remaining 23 are 286 'payment' seats. As on today, there are 19 students who have applied from out of the list of Director General of Health Services. They will be treated as 'free' students.

The remaining 120 seats could be filled up by the petitioner as it chooses. As regards Nursing courses, the learned counsel for the appellant submits that no name has been forwarded by the Government of Karnataka. Therefore, all the 50 seats could be filled up by the petitioner according to its choice.

(7) We fix the last date for admission to these courses as January 31, 1994. The Secretary, Education Department, Karnataka, shall give wide publicity in two English dailies, one in the Indian Express and the other in Hindu. The petitioner will also send intimations under registered post with acknowledgement due to all the above students. The advertisement shall be issued on or before January 18, 1994.

The Secretary, Education Department, Government of Karnataka, shall furnish the list of addresses of 87 students referred to in our order on or before January 17, 1994.

(8) Admissions are closed in these colleges with these admissions.

(9) The Secretary, Education Department, Government of Karnataka shall ensure faithful implementation of the above directions and shall be competent to issue necessary directions for the purpose which shall be binding upon the petitioner. We would like to make it clear once again that these orders are peculiar to this year, made in the prevailing circumstances and exigencies. So far as the next year is concerned, appropriate orders shall be passed later.

12. Before parting with this matter, we must refer to the fact that when we asked the UGC to determine the fee payable by the students of these two colleges, they came up with a figure of Rs 1.75 lakhs per annum. We have perused the manner in which they have arrived at the figure. It is stated that the said figure was arrived at on the basis of facts and figures relating to expenditure etc. supplied by the petitioner/institutions. On a perusal of their work- sheet and approach adopted, we are not satisfied with the exercise done by the UGC. The same is rejected.

13. Ordered accordingly. List the SLP for further orders in the third week of March 1994.

14. The High Court may consider the expeditious disposal of the writ petition.

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