Admissions Exceeding Student Intake Capacity, Illegal: Rajasthan HC
The Jaipur Bench of Rajasthan High Court in R.N.T. Memorial College vs Commissioner, College Shiksha — S.B. Civil Writ Petition No.8170/2021, canceled the admissions of students enrolled in petitioner college in excess of the sanctioned seats. The court dismissed the prayers seeking directives for the University allowing students to appear for exams and to increase the seat capacity of the petitioner college.
A single-judge bench of Honorable Justice Sanjeev Prakash Sharma held:
“This court is of the firm view that no sympathy can be extended with regard to illegal admission in excess of the intake capacity provided to the college. Such illegal admissions cannot be given the sanctity in law by allowing such admissions to be regularized.”
The inspection of the petitioner colleges was conducted by the Inspector and the report was submitted on 16.06.2020. The said report recommended to the university to increase 80 seats of B.A. Faculty and 70 seats of B.Sc. Faculty. Based on the presumptions that such report will be accepted the petitioner colleges admitted 80 and 70 students respectively. However, the students were not permitted to sit for the examinations.
The counsel for the petitioner submitted that the Principal Bench at Jodhpur in Uttam Pvt. ITI Versus State of Rajasthan & Ors. and Mahatma Gandhi University of Medical Sciences and Technology, Jaipur & Ors. Vs. State of Rajasthan & Ors. and other connected appeals passed an interim order allowing the admitted students to appear for the exams.
However, the court perusing the cited cases asserted:
“No sympathy can be extended with regard to illegal admission in excess of the intake capacity provided to the college. Such illegal admissions cannot be given the sanctity in law by allowing such admissions to be regularized.”
Accordingly, the court disposed of the writ petitions and further directed the management to return the fees for the students with a compensation of Rs. 10,000/- each for knowingly and illegally admitting the students.
Vaibhav Karadale | Research Intern | EduLegaL
Swapna Iyer | Legal Editor | EduLegaL