Playing With The Lives Of Students: Karnataka HC Directs College To Pay 10 Lakhs Compensation To Students Barred From Giving Exams
The Karnataka High Court while dismissing a writ petition filed under Articles 226 and 227 ordered Petitioner No.1, a Nursing College, to pay 10 Lakhs each to Petitioner Nos. 2 to 11 who are the students of the said College.
Justice Suraj Govindaraj presided over the Single Bench and held that “losses which have been caused to the students would have to be made good by the petitioner No.1 College in monetary terms”.
Further, the Court held that an investigation must be conducted into the actions of Petitioner No. 1 by appropriate authorities and action be taken, including criminal charges against the Petitioner.
Advocate Pradeep P.K. appeared for the Petitioners while Advocate R.J. Bhusare appeared on behalf of the Respondent.
In this case, Petitioner Nos. 2 to 11 were students admitted in the First Year B.Sc. Nursing at Mother Mary College of Nursing who is Petitioner No.1. By a notification dated April 4, 2022, issued by Respondent No.1, Rajiv Gandhi University of Health Sciences, all details of students had to be admitted to their admission portal by April 7, 2022.
According to Counsel for Petitioner No.1, the details could not be uploaded due to some technical glitch, and the same was communicated through mail to Respondent on January 10, 2023. There was no solution offered to reopen the admission portal, hence, the Petitioners approached the High Court.
It was submitted by the Counsel for Respondent that the technical glitches were mentioned by the Petitioners through email after more than 8 months of the closing of the portal. Further, the admission files and attendance register of the Petitioner No. 1 were examined and it showed pieces of paper pasted above columns to include extra names and mismanagement of data.
The Court upon hearing both sides and on examination of the Admission Register concluded that merely looking at the register gave an idea of the mishandling of data. Names were added by pasting a small piece of paper in line as if to show that the name always existed in the Register.
The Attendance Register had also been produced wherein the names of the students through alphabetically arranged, and the names of the petitioners are found in a haphazard manner.
The Court concluded that this was a serious case of fraud by Petitioner No. 1 for which further investigation must be conducted. The Court also lamented the college for wasting the lives of students and playing with their future.
Although the Court could not accept the petition considering the tampering of data, the Court held Petitioner No. 1 accountably and directed the college to pay compensation to all the petitioners unable to write exams due to the carelessness of the college.
Further, the Court ordered the Respondent University to conduct an internal investigation into the actions of Petitioner College and act as necessary according to the provisions of law.
Cause Title: Mother Marry College of Nursing & Others v. The Registrar [Neutral Citation No. :2023:KHC-K:1440]