(Arun Mishra and Vineet Saran, JJ.)
Principal Kannur Medical College ____________________ Petitioner;
v.
Admission Supervisory Committee For Professional Colleges in Kerala and Others _____________________________________ Respondent(s).
M.A. No. 2354 of 2018 In SLP(C) No(s). 23225/2018, decided on October 4, 2018
(For Admission and IA No. 126376/2018-Permission to File Application For Direction)
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties. This Court has passed the following order on 29.08.2018 in S.L.P. (C) No. 23225 of 2018:
“The special leave petition is disposed of in terms of following consent order:
1. The college shall return the double of the amount than the fees at deposited by each one of 150 students with college, by 4 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 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 4th and 5th of September, 2018, before the Controller of Entrance Examination, Kerala, and only those students who opt for college shall be allotted and no other.
4. The fees fixed by the ASC shall only be realised by the college from the students who opt for the college in question for the year 2018-19 onwards.
5. The college shall not admit even a single student for the year 2018-19, other than the one allotted by the Controller of Examination in the counselling that is to be held on 4th and 5th of September, 2018. In case of violation, entire order shall be withdrawn.
6. It is also undertaken that in future the college shall not collect the fees in any name more than one year’s fees as prescribed under the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 and by ASC.
7. Let the amount of Rupees One Crore cost be paid by the college to the Chief Minister’s Relief Fund, Kerala, by 20 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.
8. If the original documents, if any, of the students, which may be lying with the college, shall be returned to the concerned students.
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.”
2. Thereafter ASC prepared the Report on 1.9.2018 pursuant to the order issued by this Court. The Report is extracted hereunder:
“Sub: _Refund Of Amount Paid By The 2016-17 Batch Mbbs Students-Public Notice Issued By The Kannur Medical College Matters-Reg.
Ref: 1. Order of the Hob’ble SUPREME COURT OF INDIA in SLP (C) No. 23225 of 2018 dated 29.08.2018.
2. This office letter of even number dated 31.08.2018
3. Your email dated 31.08.2018 at 11.40 AM enclosing a Public notice.
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.
The apex court has directed the medical college to comply with was clearly stated in the communication referred as 2nd 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.
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. The Medical College has to refund this amount of 3 lakhs to each of the 150 students.
In addition the Medical College had collected an amount ranging from 35 lakhs to one Crore most of from those 150 students which was admitted by the Medical College as well as by the representatives of the Medical College during the course of hearing conducted in connection with the refund of the capitation on various occasions.
Therefore, you have to refund double of the said amount so received from each of the 150 students in addition to Rs. 3 Lakhs.
It is made still clear as follows:—
From one student viz. Ms. Rehna Banu, the Medical College had collected Rs. 35 Lakhs. As per the directions of the Hon’ble Supreme Court, the Medical College has to pay Rs. 64 lakhs + 3 Lakh = 67 lakh (35 Lakh -3 lakh = 32 lakh *2=64 lakh +3 Lakh = 67 Lakh) to the above candidate.
The Principal of the Kannur Medical College shall refund each students the amount as calculated above and report to this office on 03.09.2018 at 4.00 PM, without fail.”
(Emphasis supplied)
3. The admissions of 150 students were found to have been made in illegal manner and matter had attained finality in this Court in the first round of litigation. Thereafter the State of Kerala had promulgated ordinance regularising the aforesaid admissions. The ordinance has been declared ultra vires by this Court vide judgment and order dated 12th September, 2018 in W.P. (C) No. 231 of 2018.
4. 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.
5. Sh. Mukul Rohatgi, learned senior counsel submitted that college may be permitted to give admissions in the current session i.e. in 2018-2019. After hearing learned counsel for the parties, we are of the opinion that as there is serious dispute with respect to adequacy of the refund that has been made; and apart from that we are already in the month of October, 2018; admissions are over for the current academic session i.e. 2018-2019; no admission can be ordered to be given at this juncture – in the Kunoor Medical College.
6. 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.
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