Deposit Rs15.72 Cr Refundable To Students And Extra 25 Cr With Admission Supervisory Committee To Claim Affiliation: SC to Kannur Medical College

The Supreme Court has ordered the Kannur Medical College to deposit Rupees 15,72,020 with the Admission Supervisory Committee for Professional Colleges, Kerala, along with the full details of students/guardians to whom the amount has to be returned.

To claim affiliation for admission, the college was directed to deposit twenty-five crores with the Admission Supervisory Committee.

After that, the Court stated that ASC would issue a fresh notice to the remaining students and examine claims or objections made by the students/guardians regarding the amount that should be refunded to them. This exercise should be completed within nine months.

These directives were issued when the Court disposed of an appeal filed against Kerala High Court order that stayed the order dated 29.04.2020. The college was denied admission for conducting MBBS and Post Graduate courses for the year 2020-21.

In 2017, Supreme Court had upheld the order passed by High Court wherein the admissions tot he colleges were cancelled as they had not published the correct prospectus and did not provide details about online admissions.

After that, the Kerala State government promulgated the Kerala Professional Colleges Ordinance, 2017, to regularise MBBS admissions in specific colleges against payment of Rs.3,00,000/- per student as a regularisation fee. The Apex Court struck down the Ordinance. Later, the Apex court also directed the college to return double the amount than fees deposited by 150 students with the college by 04.09.2018.

In the instant case, the Supreme Court issued the following directions:-

• KMC shall deposit Rupees.15,72,89,020 with ASC and details of the guardians/students to whom the amounts have to be returned, their addresses and bank accounts, within one month from today. On deposit of the said amounts, SC would disburse and make payments to students/guardians.
• ASC would issue notices to the remaining students, as was the position before the impugned order dated 22.112019 was passed. It would examine the guardians/students’ objections as to the amount paid by them based on the material placed by the guardians/students and the college. It will thereupon pass appropriate orders. 
• Rs.25 crores should be deposited with ASC by the college, and the deposited would be converted into Fixed Deposits.
• ASC would payments to the guardians and students based on orders passed by it or based on the High Court’s orders in case a writ is filed impugning the order passed by ASC regarding quantification and refund.
• KMC can admit students only after depositing the said amounts, and if the amount is not paid, the college will not be allowed to admit students. If the amount is not deposited, then students/guardians can approach courts.
• The amount will be converted into fixed deposits, and the said FDs will be in the name of KMC but can only be operated by members of ASC. Any interest/tax will be reflected in the account.
• The said exercise should be completed expeditiously, especially within nine months, and if there is any excess amount, then it will be refunded to KMC.

Click to Read Order