Admitting students beyond the sanctioned strength in an affiliated college is clearly unauthorised, the Madras High Court has observed.
Some educational institutions are admitting students without approval/recognition from the competent authority. Sometimes they are admitting students beyond the permissible intake and innocent students are put to serious difficulties.
“The approving/affiliating bodies, even after coming to know of the same, are not taking any action against the colleges due to one reason or the other,” Justice N. Paul Vasanthakumar said, allowing a petition seeking refund of the admission fee and hostel fee.
D. Ponmani's case was that she joined the B. Ed course in 2004-05 at the Usha Letchumanan College of Education, Thirukkanur and paid Rs.75,000 as admission fee and 15,000 towards hostel fees. She was in the hostel for only three months and, thereafter, attended college as a day scholar.
Though she had sufficient attendance to write the examination conducted by the University of Pondicherry in March 2005, she was not issued a hall ticket. On enquiry, the university informed her that the college's permitted intake was 100, but it had admitted 240 students. Only 100 students were issued the hall ticket. As the petitioner's admission was not within 100, she was not issued the hall ticket.
She requested the college to refund the fees, but this was not done. In spite of notice to the college, no one chose to appear.
Taking a serious view of the matter, Mr. Justice Paul Vasanthakumar said the petitioner's admission and payment of fees by her had been proved with documentary evidence.
The college had unjustly enriched itself by wrongly admitting the petitioner above the sanctioned strength. It was bound to refund the fees. As Ponmani was in the hostel for three months, she was not entitled for refund of the hostel fee. The petitioner could not be penalised for the college's fault.
The judge directed the college to refund Rs.75,000 within two weeks. As the college had not chosen to respond in spite of the court notice, it should also pay costs of Rs.5,000 to the petitioner.
Fiat to MCI
By another common order in two separate cases, Mr. Justice Paul Vasanthakumar directed the Medical Council of India to consider the State government's request seeking approval for the admission of R. Ramanan and M. Suryalakshmi, meritorious candidates, for the MBBS course 2004-2008. The court told MCI to take note of the fact that the petitioners were admitted within the sanctioned strength of seats in the Government Medical College/Private College respectively and could join the medical colleges in December 2004 only due to the mistake by the selection committee as well as the private medical college management.
