The college shall return the double of the amount than the fees at deposited by each one of 150 students with college, by 4th September 2018.- Supreme court
New Delhi: Kannur Medical College has been imposed a Rs One crore penalty on Wednesday by the Supreme Court for admitting students in gross violation of norms. The college was ordered to deposit the amount to the Chief Minister’s Disaster Relief Fund (CMDRF) by September 20. the order was issued by the bench headed by Justice Arun Misra. The fine has been demanded keeping in mind the expenditure incurred in cases related to fallacious admissions.
Medical Dialogues had earlier reported that the Kerala High court had dismissed the petition challenging the decision of the Admission Supervisory Committee for Professional College’s order recommending withdrawal of affiliation of Kannur Medical College for 2018-19 to the Kerala University of Health Sciences(KUHS).
Students taking admission had also alleged that the management had illegally collected Rs20 lakh to Rs50 lakh from students, besides collecting bank guarantees to secure future payments from students.
Challenging the High Court decision, the medical college filed an SLP with the Supreme Court. The apex court dismissed the SLP, imposing strong penalities on the medical college. These included refunding double the amount allegedly taken as capitation fee by the medical college
Besised the once crore fine, The special leave petition was disposed of in terms of following consent order :
1. The college shall return the double of the amount than the fees at deposited by each one of 150 students with college, by 4th September, 2018.
It is submitted that the amount shall be remitted in the bank account of each of the students. Let compliance report including bank statements, bank account numbers with names of students be filed not only in this Court but also to the Admission Supervisory Committee (ASC). The ASC shall ascertain and submit the report whether amount has been refunded, as ordered, to the students and bank accounts belong to them.
2. It is agreed to that the order of ASC for withdrawal of the affiliation shall not be acted upon in case the order is complied with.
3. It is also agreed to that Kannur Medical College, shall be permitted to participate in the mop-up round, which is going to take place on 4th and 5th of September, 2018, before the Controller of Entrance Examination, Kerala, and only those students who opt for college shall be allotted and no other.
4. The fees fixed by the ASC shall only be realised by the college from the students who opt for the college in question for the year 2018-19 onwards.
5. The college shall not admit even a single student for the year 2018-19, other than the one allotted by the Controller of Examination in the counselling that is to be held on 4th and 5th of September, 2018. In case of violation, entire order shall be withdrawn.
6. It is also undertaken that in future the college shall not collect the fees in any name more than one year’s fees as prescribed under the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 and by ASC.
7. Let the amount of Rupees One Crore cost be paid by the college to the Chief Minister’s Relief Fund, Kerala, by 20th September, 2018. The college shall also deposit the sum of Rs.10,00,000/- (Rupees Ten Lakhs) with the Supreme Court Advocates-on-Record Welfare Trust and Rs.1,00,000/- (Rupees One Lakh) with the Supreme Court Bar Association.
8. If the original documents, if any, of the students, which may be lying with the college, shall be returned to the concerned students. In case of non-compliance, the order shall be withdrawn by this Court. In view of disposal of the main petition, pending applications shall also stand disposed of.