On August 16, 1993, the petitioner filed writ petition in the
Karnataka High Court claiming that it has a right to admit students of its
own in view of the 'deemed university' status acquired by it. The
writ petition was filed by a new entity, Manipal Academy of Higher Education.
An interim direction was asked for, but it was refused by the High Court.
Thereupon, they approached this Court by way of the present special
leave petition. In this special leave petition, we had passed
certain orders earlier.
Out of 400 seats covered by 'deemed university' status,100 200 seats have already been
filled up pursuant to our earlier orders. We are told that out of120 200 students so admitted, 18
belong to SC and ST categories from whom no fee was to be collected and that
the balance seats were equally divided among free seats and payment seats.
Now remaining 200 seats, which were directed to be filled from
among the students who appeared in the All India Entrance Examination
held by Director General of Health Services for admission to 15% quota in the medical
colleges throughout the country, have to200 be filled. We are told that when applications were called for from
the students in the said list, only 324 students have applied. But the
Secretary, Education Department of Karnataka says that according to the information
supplied by240 the Director General of Health Services, only 47 out of these
students had obtained more than 50% marks.
At this stage, the learned counsel appearing for some of the non-
Karnataka students who had applied for admission in the Karnataka Government
Colleges along with a deposit of Rs 1.40 lakhs but who could not get300 admission for want of
seats, submitted that there are still 83 students in this category
awaiting admission. He submitted that none of these 83 students have taken back
their deposits. He requested that these 83 students may be admitted in the
petitioner's college. He also submitted that these students acquired
very high marks in the relevant qualifying360 examination.
Shri Kapil Sibal, learned
counsel for the petitioner, submitted at this stage that, for
this year at least, the petitioner may be directed to admit foreign
students to the extent of 15% at least, as has been directed400 in the case of other
colleges. He also placed before us a list of the aforesaid 324 students
arranged in the order of merit on the basis of their marks in the
C.B.S.E. (Xllth Standard) Examination.
Our foremost concern at this stage is to see that
students are admitted and the classes begin. Inordinate delay has
occurred. In such a situation, we are obliged to pass these orders keeping in
mind "the felt necessities480 of time" and the limitations within which we are operating. Having
regard to the relevant circumstances and having regard to500 the inordinate delay in commencing
the classes this year, this is the best solution we could find.
Since we are
applying the formula applied to other non-minority colleges to this case as
well, the petitioner's counsel says that the petitioner must also be
allowed to admit foreign and NRI students to the extent of 15%. We are inclined
to agree, but it will be confined to this year alone. The petitioner
will be entitled to have the quota of 15% for foreign and NRI
students. This means 15% or 60 students can be admitted as600 against this quota. The 87
non-Karnataka students who are stated to have deposited a sum of Rs 1.40 lakhs
but who could not be given admission in any college in Karnataka
and whose names are mentioned in Annexure 'A' to this order, shall be admitted.
The Secretary,
Education Department of Karnataka shall verify the correctness of the said
list. The list as approved by her shall be the list for the purpose
of this clause. All of them shall be treated as 'payment' students and
each of them shall be entitled to admission on payment of700 Rs. 1.10 lakhs. This amount is
subject to adjustment later and subject to further orders. The other720 91 'payment' students who had been
admitted in pursuance of the earlier orders on payment of Rs 1.40 lakhs shall
also be liable to pay the same amount of Rs 1.10 lakhs. The excess
remaining to their credit need not be refunded by the college but shall
be adjusted against the next year's fee. The 47 students who obtained more than
50% marks in the All India Entrance Test conducted by800 Director General of Health
Services shall be admitted. These 47 students shall be treated as 'free'
students. They shall pay only at the rate of Rs. 8000 per annum.
In respect of the remaining six seats, students as840 per Annexure 'B' up to the rank of
8 shall be admitted. These students shall be treated as 'free' students. In
Annexure 'B', students who obtained ranks 9 to 27 will be included in the
waiting list. If any of the above students fail to turn up, the admission shall
be from this waiting list in the order of900 merit. The candidates from the waiting list, if any, shall be
treated as 'payment' students on payment of Rs 1.10 lakhs.
As regards BDS and
Nursing courses, Shri Kapil Sibal, learned senior counsel for the appellant,
states that 139 seats are vacant for BDS course and 50 seats for Nursing. Shri960 Kapil Sibal further states that as against the strength of
200 seats in BDS course, 61 have already been filled up from the list sent by
the Government of Karnataka. Out of them, 38 are1000 belonging to the category of
'free' seats while the remaining 23 are 'payment' seats. As on today, there are
19 students who have applied from out of the list of Director General of
Health Services. They will be treated as 'free' students. The remaining
120 seats could be filled up by the petitioner as it chooses. As regards
Nursing courses, the learned counsel for the appellant submits that no
name has been forwarded by the Government of Karnataka.1080 Therefore, all the 50 seats could
be filled up by the petitioner according to its choice.
We fix the last
date for admission to these courses as January 31, 1994. The
Secretary, Education Department, Karnataka, shall give wide publicity in two
English dailies, one in the Indian Express and the other in Hindu. The
petitioner will also send intimations under registered post with
acknowledgement due to all the above students. The advertisement shall
be issued on or before January 18, 1994. The Secretary, Education
Department, Government of Karnataka, shall furnish the list of addresses
of 87 students referred to in our order on or before January 17, 1994. Admissions are closed in1200 these colleges with these admissions.
