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| HC directs Divya College to pay compensation of Rs 50000 each to 292 students | | | EARLY TIMES REPORT
Jammu, Dec 6 (JNF) : In a petition filed by Divya College Education on various grounds, Justice Hasnain Massodi of J&K High Court Jammu Wing today in a landmark judgment directed the College to consider payment of reasonable compensation Rs 50,000 per student to each of 292 students admitted in violation of University Statute and dismissed the petition of College.
Justice Hasnain Massodi after hearing Sr. Adv BS Slathia assisted by Adv Ashish Sharma & Adv MK appearing for the petitioner whereas Adv WS Nargal appearing for the University of Jammu, observed that it is abundantly clear that any direction to the respondent University to regularise the admission of 292 students enrolled by the petitioner college in violation of University Statutes, would be impermissible and not in tune with principles that must guide exercise of writ jurisdiction. This, however, does not end the matter.
Would it be just and fair to leave 292 students enrolled in violation of University Statutes, high and dry without any relief and remedy, is the question that calls for an answer.
Though the public Notice issued by the University on 14th June, 2011 informing the aspirants for admission to B.Ed. Course in private colleges, that the colleges had no power to make admissions and that the University had the exclusive power to admit and allot students, ought to have put 292 candidates enrolled by the petitioner-College on caveat and dissuaded them from seeking admission in the petitioner college, yet the petitioner-college cannot be allowed to get enriched at the cost of the illegally enrolled students. The petitioner-college, therefore, as one of the measures to undo the wrong done to the students has to return the fee received from the 292 students enrolled in violation of University Statutes and consider payment of a reasonable compensation say Rs.50, 000/- (Rupees Fifty Thousand only) per student to each of the 292 students admitted in violation of the University Statutes.
With these observations Court dismissed the petition and said that the parties are left to bear their own costs. |
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