PETITIONER:
MANIPAL ACADEMY OF HIGHER EDUCATION
Vs.
RESPONDENT:
STATE OF KARNATAKA
DATE OF JUDGMENT26/11/1993
BENCH:
MOHAN, S. (J)
JEEVAN REDDY, B.P. (J)
CITATION:
1994 SCC (2) 200 1993 SCALE (4)690
ACT
HEADNOTE
JUDGMENT
ORDER 1.We have heard both Mr Kapil Sibal, Senior Advocate and Mr B.V. Acharya, learned Advocate-General of the State of Karnataka at length. We have also had the benefit of the arguments on behalf of the University Grants Commission. 2. As on today a good deal of academic year had passed. The grant of status as "Deemed University" in favour of the petitioner has resulted in complexities. In order that the rights of the students to get admitted, may not be further delayed, we pass the following order only in respect of the academic year 1993-94 as an ad hoc measure.
(1) The State of Karnataka has placed before
us a table showing range of marks obtained in
PUC or equivalent examination by students
admitted to first MBBS course in Kasturba
Medical College, Bangalore and Kasturba
Medical College, Manipal during this academic
year 199394 on the basis of a common entrance
test. That table shows 52 students have
obtained above 90% marks, 100 students have
scored above 80% but below 90% of marks. In
addition to this, there are also students
belonging to Scheduled Caste and Scheduled
Tribe.
(2)Though the list was drawn from an intake of
275 students which represented the State
Government’s right to allot at 50% treating
the institution as Minority Institution as it
was originally pleaded. That position has
changed now. It is fairly admitted by the
learned Advocate-General that 75 students out
of that list have been accommodated. It is
the submission of Mr Kapil Sibal that the
petitioner-institution (namely Manipal Academy
of Higher Education) wants to maintain
excellence of standards. Hence it should not
be compelled to admit students who had scored
less than 80% of the marks. Keeping that in
view we hereby direct that the petitioner’s
institution shall admit the 180 students in
all. We make it clear that this 180 does not
include the 75 students already admitted. It
is further made clear that this 180 shall
include all students belonging to Scheduled
Castes and Scheduled Tribes irrespective of
the percentage of marks they had obtained in
the qualifying examination subject of course,
that they have qualified the test. Both the
learned counsel are agreed that the total
seats available with the petitioner’s
institution are 400. Therefore, 400 minus 180
viz. 220 shall be admitted on the basis of the
common entrance test both for MBBS and BDS
courses, conducted on "an All India basis" by
the Medical Council of India. The said
Medical Council of India has hereby directed
to conduct the examination on or before
December 20, 1993 and publish a result by
December 26, 1993.
(3) The students selected by the Government
of Karnataka namely 180 above-referred to
other than Scheduled Caste and Scheduled Tribe
as well as the students who take the
examination on an All India basis as conducted
by the Medical Council of India, shall be
admitted only in the order of merit.
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(4)The students belonging to Scheduled Castes
and Scheduled Tribes shall be admitted free.
After admitting them whatever seats remain out
of 180 they shall be divided into two halves
on the basis of merit. The first half shall
be required to pay Rs 8000 (rupees eight
thousand only) per annum (fee fixed by the
Government) and the second half shall pay Rs
1,40,000 per annum (fee fixed in other cases
by us). This fee of Rs 1,40,000 fixed by us
for second half of the students mentioned
above is purely tentative.
(5) In relation to the students who become
successful and eligible for admission on the
basis of All India entrance test, we do not
fix the fees for the reason we are directing
the University Grants Commission to fix the
fees on or before December 26, 1993
positively. A report regarding the fee
structure fixed in obedience to this order
shall be forwarded to this Court on or before
December 26, 1993. These students on such
fixation shall be required to pay that fees
alone. Equally, the second half of those 180
students minus Scheduled Caste and Scheduled
Tribe students will also be required to pay
that fee as fixed by the University Grants
Commission. On that basis, if any refund is
due, it is open to them to get such refund.
Equally if any further fee is required to be
paid by them, it is open to the petitioner’s
institution to demand the same.
(6) The University Grants Commission while
fixing the fee structure shall have regard to
following (i) the judgment in Unnikrishnan
case’ (ii) this order wherein we have directed
that all students belonging to Scheduled
Castes and Scheduled Tribes shall be admitted
free and further have regard to the fact that
the first half of the students are required to
pay only at the rate of Rs 8000 as fixed by
the Government of Karnataka. The University
Grants Commission shall fix the fee on the
material supplied by the petitioner and the
State of Karnataka (if it so desires to
furnish) independently on merits. However, on
such fixation this Court will decide the
question as to the reasonableness of the fee
structure.
(7) Such of those students as selected by
the State of Karnataka on the basis of the
qualifying test who could not be admitted into
the petitioner’s institution in view of our
above order, shall be accommodated in other
colleges by the State of Karnataka if
necessary by creating additional seats in the
Government Medical Colleges.
3. The above order applies only to MBBS
course.
(8) As regards Bachelor of Dental Science
(BDS) course, the students allotted by the
State of Karnataka as on date shall be
admitted by the petitioner’s institution. For
the remaining seats such of those students who
are successful in the "All India" entrance
test referred to in paragraph 2 above and who
are desirous of joining BDS course, shall be
admitted on the basis of merit. The students
drawn up from the list of State of Karnataka
and allotted to BDS course and admitted by the
petitioner’s institution shall pay Rs 8000 or
Rs 1,00,000 (fees fixed by
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the Government of Karnataka) depending upon
the category to which the particular student
is allotted. In relation to the students
admitted on the basis of All India entrance
examination, we are not fixing the fee
structure but again direct the University
Grants Commission to fix the fee independently
on or before December 26, 1993 and submit a
report thereon. 4.Regarding the College of Nursing there is a dispute as to the number of students allotted. The same principle as applicable to BDS course, shall be applicable. Whoever has been allotted by the State of Karnataka as on today, and admitted by the petitioner’s institution shall pay Rs 10,000 and Rs 15,000 depending upon the category to which the student is allotted. For the remaining seats, it is open to the petitioner’s institution to conduct its own examination on "an All India basis". Admission shall be made purely on the basis of merit except of course in the case of Scheduled Caste and Scheduled Tribe students on payment of Rs 15,000 per annum. 5. In the end, we make it clear the implementation of the order and the supervision in relation to each of the matters mentioned above, shall be done by the Secretary for Education, Government of Karnataka herself. The copy of this order shall forthwith be communicated to the Medical Council of India for complying with this order. We record the presence of the Secretary, University Grants Commission in the Court. 6.List the matters on January 11, 1994 at 1.30 p.m. in Court. 209