Madras HC: Institutions pulled up for admitting students without affiliation

Justice S M Subramaniam, while dismissing a plea moved by students of the Dharma Ayurveda Medical College and Hospital (DAMCH) in Sriperumbudur, seeking to release the results and write their exams, said, “When the statute provides specific provisions for grant of affiliation and for admitting students in the colleges, the provisions must be implemented scrupulously by the competent authorities. There cannot be any violation or dilution of these statutory provisions and if any such dilutions are admitted, the same will create lot of issues in respect of the students, who are admitted illegally.”

As per the case moved, no affiliation was granted to DAMCH for the academic years 2012-13 and 2014-15. However, the institution admitted the students and during the subsequent years, the university also issued them hall tickets for writing the examinations.

“Thus, this year also, the same procedures have to be followed and accordingly, the students must be permitted to write the examinations and the results should be published,” the counsel for the students submitted.

However, the counsel for the University submitted that the said institution has been admitting students from the academic year 2008 onwards without affiliation. The institution is committing illegalities and irregularities continuously for about 10 years.

Also, stating that the management of the said institution has filed a plea in respect of the rejection of grant of affiliation, which is pending before this court, the counsel noted that during the pendency of these writ petitions, such institutes obtain interim orders from the court to enable students to write the examinations and thereafter, file miscellaneous petitions for publications of the results.

Observing that such a practice cannot be continued indefinitely, Justice Subramaniam said, “This court is duty bound to protect the interests of the students also. However, this court cannot grant permission for the continuance of any such illegality or irregularity committed by the parties concerned.”

“To adopt a pragmatic approach and to stop these kinds of menace at once, this court is of an opinion that the students must be awarded with exemplary compensation and the said compensation be directed to be paid by the institution concerned.”

Dismissing the plea on the basis that the petitioners have not established any legal right to grant permission to write the examinations conducted by the TNMGRMU,

the judge posted the case to June 11 to decide on the award of compensation and the quantum to the students.