College told to repay fee, compensate student

By Our Special Correspondent

CHENNAI, MARCH 9.An engineering college in Thuckulay, which admitted a student who was ineligible for the MBA course, has been directed by the Madras High Court to return the fees of Rs. 60,000 collected from the student and pay him an equal amount as compensation.

Even while dismissing the student's plea seeking to continue the course, Mr. Justice D. Murugesan pulled up the college for making the admission against the university norms.

In a writ petition, Mr. Shahul Hameed, said that after completing his BBA with 49.6 marks in 1999-2000 from Madurai Kamaraj University, he applied for and secured admission in MBA course in Noorul Islam College of Engineering, Kanyakumari district for 2000-2001. The college principal rounded off his aggregate marks from 49.6 marks to 50 per cent, the minimum requirement for MBA admission. The student said he paid Rs. 60,000 as admission and other fees. In December 2000, just before the first semester examination, the Manonmaniam Sundaranar University passed an order declaring him ineligible for admission to the course.

(The Syndicate of the University had earlier resolved that no round-off of marks would be permitted for admission to PG courses including MBA and MCA).

The student said there was no misrepresentation on his part in getting the admission and the college's mistake could not be put against him.

Mr. Justice Murugesan said the court would not interfere in academic matters. The eligibility and other norms for admission should be the sole right of the university bodies. The Syndicate had passed a resolution that rounding off of marks was not permitted for PG admissions. It had to be strictly adhered to by the college, which of course in this case, had not been followed. So, the court could not ratify the admission of the student who was not eligible for the admission.

Admittedly, the student was an innocent person, who had now been deprived of the course and his career was at stake. The court had to take judicial note of the fact that institutions such as this college by admitting ineligible students, collecting huge sums as fees and later on pleading ignorance of the eligibility norms, made the students to approach the court pleading for sympathy to continue the course.

However, if the court decided in favour of the student, especially in the peculiar circumstances of the case, it would embolden the erring institutions such as the respondent- college to admit ineligible students and later on leave them in distress.

Stating that the student should not be left without any relief for the college's fault, the judge directed the college to return the Rs. 60,000 collected as fees, and pay him a compensation of Rs. 60,000, within 15 days of receiving the order copy.

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Section  : Southern States
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