HC asks college to pay costs to facilitate refund of fees

The Madurai Bench of the Madras High Court has directed the All India Council for Technical Education (AICTE) to immediately initiate penalty proceedings against Immanuel Arasar JJ College of Engineering in Kanniyakumari district for admitting students without getting approval.

Justice N. Anand Venkatesh directed the institution to pay a cost of ₹25 lakh to the Director / Commissioner of Technical Education. The money shall be utilised to refund the fee of those students who underwent Mechanical Engineering diploma course from 2015-2018.

The judge took into account that there were several litigations in the past regarding the issue and observed that it was brought to the notice of the court that out of 120 students who were admitted to the course during the academic year 2015-2016 without any approval, nearly 85 students managed to complete the course by virtue of interim orders.

The future of nearly 85 students hangs in the balance. Obviously, submissions were made before the court by projecting the interests of 85 students. This technique is adopted by many institutions, which admit students , without authorisation, make them write examinations through interim orders and ultimately plead before the court by using students as a shield.

The judge said that the Supreme Court had made it clear that once the admissions were made without any approval, the courts should not regularise or sanctify such admissions due to misplaced sympathy and the courts must impose heavy costs against such institutions. In the present case, the college continued to commit illegality, the judge said.

This is a case where the students have been admitted without any approval from AICTE and hence the very course conducted by the institution is non-est in the eye of law. Unfortunately the students had undergone the course and the court can only sympathise with the students and no relief can be granted to those students as claimed by them, the judge said dismissing the petitions filed by the institution and students who sought course completion certificates.

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Printable version | Sep 27, 2021 8:39:22 AM |

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