Karnataka High Court: Showing surprise on noticing how admissions in Kempegowda Institute of Medical Sciences (KIMS) against management quota are reduced to business transactions, the High Court directed Medical Council of India and the Central Government to take corrective measures to make the admission process transparent at all stages including applying for admission against management quota with the help of technology.
In the present case, four students applied for admission in KIMS against management quota for I year MBBS course for the academic year 2014-2015 along with fees and donations amounting to approximately eighty lakhs. The father of one of the student was also made to sign an undertaking that he understands that the admission given to his son was only provisional and subject to approval by RGUHS/MCI and in excess of the stipulated management seats. In case of non approval, the management and the college will not be responsible. Later, three of the students were discharged from the college on the ground that their admission to the course was in excess of the admission capacity fixed for the college. The college discharged them only after the expiry of the last date of taking admission in colleges for that academic year.
The Court found the conduct of the college of taking such an undertaking from the parents of the student along with huge amounts of donation disturbing and ordered the MCI and Central Government to take serious note of the matter and take measures to ensure transparency in the admission process even against management quota, especially by making it more technology based. The High Court also found the college’s act of not discharging the students with illegal admission and not refunding the amount received from them well before the last date for admission in colleges for that academic year as grossly irresponsible and as it resulted in them losing one academic year and unnecessary litigation causing unimaginable mental agony to them the High Court ordered the college to pay Rs. 1 crore each to all the three students as compensation along with refund of the amount paid by them to the college for the admission. Girish Rithvik K.R. v. Union of India, 2015 SCC OnLine Kar 2305, decided on 08.07.2015