Education/Educational Institutions – Medical colleges – Denial of renewal of recognition to medical institution-SRMCH due to certain deficiencies – Directions by the High Court to relocate/transfer students from SRMCH to other recognized medical colleges within the State, and that the Students admitted under Government quota could be accommodated in Government medical colleges, whereas students under the management/private quota could be accommodated in private medical institutions – Appeal before this Court that such relocation to Government medical colleges, disturbed the existing admission framework – Issuance of interim orders from time to time to regulate the relocation and continuation of the students in other private medical institutions – State Government relocated/transferred students to transferee private medical colleges – Interlocutory applications seeking directions as regards the payment of the fees:
Held: It would amount to unjust enrichment of these transferee students while being conscious of the fact that they had to face a chaotic situation of being transferred to different medical colleges mid-session – However, all interests of these students duly protected by this Court ensuring that they cleared the medical course without losing a single academic year – Thus, neither the students can be given undue advantage or bonanza nor can the defaulting institution-SRMCH/Trust, be permitted to take benefit of its own follies – Maxim commodum ex injuria sua nemo habere debet states that no one should derive a benefit from their own wrong – While the admitted students had undertaken to pay the prescribed fees to SRMCH, it is equally true that, upon payment of such fees, they were entitled to complete their course without any hitch or difficulty – However, owing to the deficiencies in SRMCH, its recognition was not renewed, resulting in the students being subjected to a very tumultuous and volatile situation, putting their future in grave risk – As regard the manner in which the resultant financial liability is to be apportioned between the parties while balancing the equities, since the students were transferred and admitted to these colleges pursuant to the directions of this Court in exceptional circumstances, the primary brunt of liability must be fastened upon SRMCH, subject to such adjustments as may be permissible in law – As regards the disbursal of amounts deposited by the SRMCH, the amount of Rs.10 crores furnished by the Trust by way of bank guarantees with the MCI/NMC, along with the amount of Rs.2 crores deposited before this Court, with accrued interest thereupon, to be payable to the transferee colleges – As regards the liability of students, the passed-out students cannot be allowed the benefit of a windfall or a bonanza merely by dint of the interim orders passed by this Court, which was in form of an emergent measure in order to tide over the situation where the students faced risk of losing their entire careers – By virtue of the orders passed by this Court, the students have completed the medical courses, as such they should be asked to make good their outstanding fee obligations – Transferee colleges to make representations to the MCI/NMC as regards the exact shortfall of the fee due from each student applying SRMCH rates, for recovery of their remaining dues – NMC to provide due redressal to the colleges for recovery of the deficit amount, and upon compliance such students would be entitled to receive academic and course completion documents, certificates. [Paras 36-46, 52-54]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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