HC Slams MP Paramedical Council Over Illegal Admissions, Slaps For Rs 50000 Compensation

By: Eduethic

Introduction

Criticizing the Madhya Pradesh Paramedical Council for not taking any move 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.

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Virender Singh and Justice Sheel Nagu of the H.C. bench have criticized the Council's "sphinx-like" of the Council and noted how instead of rising to the event by objecting to the admission of the candidates

without affiliation with the Madhya Pradesh Medical University; the Council turned a "Nelson's eye towards this glaring illegality."

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"The M.P. Paramedical Council, owing to inaction and failing to take any necessary steps despite being aware of the illegal admission, is saddled with Rs.50,000/- (Rupees Fifty thousand), which will cost

to the Secretary, M.P. State Legal Services Authority, Jabalpur. "

The Court also directed the college to pay Rs.25,000 each to all students admitted to the Diploma in Medical Lab. Technician in the academic year 2018-2019.

Counsel for the petitioner also claimed that discrimination was involved in the cases of Sardar Patel Institute of Paramedical Sciences and Oriental College Amarwada. Counsel for the college claimed that although the facts and circumstances in these cases were similar, orders of affiliation were granted to them.

The college urged the H.C. bench not to grant the University an order denying college affiliation for the academic session 2018-19. The college also requested that the Court allow students unable to appear in the examination to participate in a supplementary examination in exceptional cases.

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The University, on the other hand, responded to the plea by stating that the college had not submitted any application for affiliation for the academic years 2018-2019. The University also referenced clause 15(f), Madhya Pradesh Ayurvigyan Vishwavidyalaya Statute (2013), and stressed that students could not be admitted to colleges before they are granted the privileges of the University. Students cannot be admitted to any academic session or course without affiliation.

Further, the Counsel for the University stated that an institution could only be granted affiliation if it meets all prerequisites outlined in the Statute of 2013. The university counsel stated that the Executive Council of the University declined the application for affiliation for the academic session 2018-19.

The University counsel stated that the two colleges were granted affiliation for the academic year 2018-19 due to their respective applications for affiliation.

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The H.C. the bench took note of both parties' submissions and noted that the order of the M.P. Paramedical Council to grant affiliation was palpably temporary, subject to certain conditions. The H.C. bench noted that "From the conditions above of recognition, it is evident that petitioner-Institute was allowed to admit students latest by the 10th of January 2019 (wrongly referred to as 10.01.2018, which was later modified and amended by the Council), provided petitioner is granted the privileges of University by way affiliation. "

The Court found no doubt that students were admitted in January 2019. The plea did not include any information about the date it applied for affiliation. The Court noted no evidence of petitioner-Institut having applied for affiliation.

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The Court noted that recognition granted by the Council allowed students to be admitted to the college in the 2018-2019 session.

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. It was well within its jurisdiction to decline the grant of affiliation retrospectively. "

"Annexure P/1 recognizes an institution only if the University has granted it affiliation. If the Institute admits students, the University must grant the Institute admission to its privileges. The petitioner institute was granted Annexure P/1 recognition subject to certain conditions. One condition was not met; therefore, the conditional order (Annexure P/1) was null in law. All admissions by the petitioner/institute were declared illegal,".

The Court then commented on the attitude of the M.P. Paramedical Council throughout the whole matter. It noted: "Before concluding this Court would like to comment upon the sphinx-like attitude of M.P. Paramedical Council. Instead of standing up to the occasion and objecting to students without affiliation being admitted, the Council turned Nelson's eyes towards this glaring violation. "

The Court debated the Council's role and stated, "The Council has the power and function of inspecting any paramedical institution whenever necessary." This inspection power aims to verify that any institution is operating in compliance with the law and procedure. If the institution does not comply with the Council's standards, the Council can withdraw its recognition. "

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The Council did not take any action against the college. The bench noted, "Unfortunately, the respondent Council, which is a supervisory organ to ensure that all prerequisites under Adhiniyam 2000 and other relevant laws are observed, did not take any action towards the petitioner institute." The Council did not withdraw its conditional recognition or take any other action against the petitioner-Institute under the Adhiniyam 2000 powers. The respondent Council did not speak out, allowing the petitioner Institute to continue to engage in illegal activities that the Council should have stopped. Inaction by the Council has put students' academic careers at risk and is likely to result in a heavy financial burden for the students. "

Referring to the Apex Court orders, the H.C. bench stressed the importance of following the schedule and slapped a significant compensation on the college. Each student admitted to the Diploma in Medical Lab course was paid Rs.25,000/- (Rupees Twenty-five Thousand). Technician to the academic session 2018-19 through digital transfer into the bank accounts of all students and report compliance. They may also claim damages in the appropriate forum if advised. "

The High Court reacted to the allegations by imposing an Rs.50,000 compensation on M.P. Paramedical Council. In the order, it also mentioned that "The M.P. Paramedical Council, due to its inaction, failing to take any necessary steps despite being aware of the illegal admission, will be liable for Rs.50,000/- (Rupees Five Thousand). This amount shall be paid to the Secretary, M.P. State Legal Services Authority, Jabalpur. Pay the amount above within 90 days. If not, the matter will be placed on PUD for execution costs. "