HC slams MP Paramedical Council over illegal admissions, slaps Rs 50000 compensation

Jabalpur: Slamming the Madhya Pradesh Paramedical Council for not taking any action against illegal admissions at a paramedical college, the High Court bench at Jabalpur has recently slapped a compensation of Rs 50,000 on the council.

The HC bench comprising of Justices Sheel Nagu and Virendar Singh has criticized the "sphinx like attitude" of the council and noted how instead of rising to the occasion  by objecting to the admission of the students without affiliation of the Madhya Pradesh Medical University, the council turned a "Nelson's eye towards this glaring illegality."

Besides, the college has been directed by the court to pay Rs 25,000 to each of the students admitted in the courses of Diploma in Medical Lab. Technician during the academic year 2018-2019.

The matter concerned Narmada Institute of Paramedical Sciences which had been granted recognition for the academic session 2018-2019 for two years course in Medical Lab. Technician. However, the college claimed that Madhya Pradesh Medical Science University failed to grant affiliation for the concerned academic session despite the fact that the college fulfilled all legal requisites and denied the students admitted in the academic session 2018-2019 of their right of appearing in the examination.

It was further claimed by the counsel for the petitioner that there was discrimination in the cases of Oriental College Amarwada and Sardar Patel Institute of Paramedical Sciences. The college's counsel claimed that even though the facts and circumstances were similar in the case of these colleges, the orders of affiliation have been granted for them.

Therefore, the college urged the HC bench to quash the University order denying the affiliation of the college for the academic session 2018-2019. Further the college prayed before the court to allow the concerned students who could not appear in the examination, to appear in supplementary examination as a special case.

On the other hand, replying to the plea, the University submitted that the college had not submitted any application seeking affiliation for the academic year 2018-2019. The University also referred to clause 15(f) of the Madhya Pradesh Ayurvigyan Vishwavidyalaya Statute, 2013 and emphasized that there is a complete statutory prohibition against admission of students to Colleges before the college is admitted to the provileges of the University. It means that students cannot get admitted in any academic session or any course in the absence of affiliation.

The Counsel for the University further submitted that affiliation is only given to a college after it satisfies all the pre-requisites prescribed in the said Statute of 2013. Referring to this the counsel for the university mentioned that in the absence of any application for affiliation made before the admission of students in January 2019, the claim for affiliation by the petitioner for the academic session 2018-2019 has been declined in the meeting of the Executive Council of the University on 03.03.2022. 

Referring to the claims of discrimination, the University counsel submitted that those two colleges had been granted affiliation for the academic session 2018-19 because they had submitted their respective applications seeking affiliation before admitting students for the 2018-2019 session.

Taking note of the submissions made by both the parties, the HC bench noted that the order of grant of affiliation issued by MP Paramedical Council palpably revealed that it was temporary in nature and subject to fulfilment of certain conditions. In this context, the HC bench observed, "From the aforesaid conditional order of recognition, it is obvious that the petitioner-Institute was permitted to admit students latest by 10th of January, 2019 (wrongly mentioned as 10.01.2018 which was later modified by the Council), provided petitioner is admitted to the privileges of the University by way of affiliation."

The court noted that there was no dispute that students had been admitted in January 2019. However, the plea did not mention anything about when it had applied for the affiliation. "Further, there is no material in shape of any application or otherwise indicating towards the fact of petitioner- Institute having even applied for affiliation before the University," the court observed.

Besides, the court also observed that the grant of recognition issued by the Council had allowed the college to admit students in the 2018-2019 session only after obtaining affiliation. "Since petitioner-Institute never applied for affiliation, it is obvious that admissions of students in 2018-19 session in the courses of Diploma in Medical Lab Technician were made in breach of the mandatory conditions subject to which the recognition was granted," the bench noted.

Therefore, upholding the University's decision of not granting affiliation to the college, the Court mentioned in the order, "The respondent-University in the given facts and circumstances where petitioner failed to apply for affiliation prior to the admission of students in 2018-19 academic session, was well within its jurisdiction to decline grant of affiliation retrospectively."

"When the order of recognition (Annexure P/1) is subject to certain conditions including the condition that no admission should take place without grant of affiliation by the University concerned, then if the Institute admits students without the University admitting the Institute to its privileges then obviously the recognition granted by Annexure P/1 in the instant case ought to have been rendered otiose. The recognition Annexure P/1 was granted to the petitioner institute subject to certain conditions, one of which was not fulfilled and, therefore, on the occasion of breach of that condition as enumerated above, the conditional order of recognition (Annexure P/1) became a nullity in the eyes of law rendering all the admissions made by the petitioner/institute to be unlawful," the order further read.

Following this, the Court went on to comment on the attitude of the MP Paramedical Council in the entire matter and noted, "Before concluding, this Court would like to comment upon the sphinx like attitude of the M.P. Paramedical Council. The Council instead of rising to the occasion by objecting to the admission of students without affiliation, turned a Nelson's eye towards this glaring illegality."

The court discussed the role of the Council and observed, "The extent of powers and functions of the Council includes inspection of any paramedical institution as and when deemed necessary. This power of inspecting any institution is to ensure that the institution is being run in accordance with the laid down procedure and the law of the land. The Council also has power to withdraw recognition once granted inter alia on grounds that the institution does not conform to the standards prescribed by the Council."

Observing that the Council failed to take any action against the college, the bench mentioned in the order, "Unfortunately the respondent-Council which is a supervisory body to ensure that all pre-requisites under the Adhiniyam of 2000 and as well as other relevant laws are followed, did not take any action against the petitionerinstitute. The Council neither withdrew its conditional recognition nor it took any other action against the petitioner – Institute under the powers vested in it under the Adhiniyam, 2000. Silence on the part of the respondent-Council permitted the petitioner Institute to continue with the illegality which ought to have been nipped in the bud by the Council. The Council by its inaction has rendered the academic career of the students in jeopardy and, therefore, is liable to be saddled with heavy cost to be paid to the students."

Finally, referring to the Apex Court's orders, the HC bench emphasized on the need of sticking to the time schedule and slapped a huge compensation on the college. "The petitioner- Institute is directed to pay cost of Rs.25,000/- (Rupees Twenty Five Thousand) to each of the students admitted in the courses of Diploma in Medical Lab. Technician qua the academic session 2018-19 by digital transfer in the bank accounts of all the students and report compliance. Further, they shall be at liberty to claim damages, if any, before appropriate forum, if so advised."

Even MP Paramedical Council was not spared from the wrath of the High Court and slapping a compensation of Rs 50,000 on the Council, the court mentioned in the order, "The M.P. Paramedical Council owing to its inaction and failing to take any necessary step despite knowing about the illegal admission, is saddled with cost of Rs.50,000/- (Rupees Fifty Thousand) which shall be paid in favour of Secretary, M.P. State Legal Services Authority, Jabalpur. The aforesaid cost be paid within 90 days, failing which the matter be listed as PUD for execution qua cost."

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/mp-paramedical-council-compensation-189407.pdf

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