Pratyash College Of Paramedical Run By Dr. Mukesh Giri Goswami Shekshanik And Charitable Society Thr vs. State Of Mp

Held

The Court acknowledged the urgency concerning the students' examinations. It was held that students of the BMLT (Bachelor) course, for whom no additional fee demand was made, could be permitted to participate in the examination by issuing enrollment numbers immediately. For the BPT and DMLT courses, the respondent University was directed to issue enrollment numbers as soon as possible so that students could appear in the remaining examinations, subject to the petitioner depositing Rs. 7,50,000/-. The remaining amount is to be deposited within three months. However, the results of these students would not be declared until the full outstanding amount is paid. The Court further stipulated that if the petitioner deposited Rs. 7,50,000/- by September 2, 2024, the necessary enrollment and allotment processes would be completed by September 4, 2024. The petition was disposed of accordingly.

Facts

The petitioner, Pratyash College of Paramedical, run by a charitable society, filed a writ petition challenging a demand notice from respondent No. 2 (University) for Rs. 14,84,928/- including GST. This amount represents arrears of renewal/enrollment fees for affiliation of BPT (31 seats) and DMLT (50 seats) courses for the academic session 2021-22. The University claimed that due to an error in the MP Online portal, the fees deposited were less than the prescribed rates per seat for BPT and DMLT courses. The petitioner cited the arrest of two directors as a reason for the delay in addressing the matter. The petition was filed on August 30, 2024, as examinations had commenced.

Key Issues

1. Whether the petitioner college should be permitted to allow its students to participate in ongoing and upcoming examinations for BPT and DMLT courses, despite the outstanding demand of Rs. 14,84,928/- towards affiliation fees, and if so, under what conditions? Petitioner's Contention: The petitioner argued that the delay in addressing the fee discrepancy was due to the arrest of two directors, and that the students' future would be jeopardized if they were not allowed to appear for examinations. They expressed readiness to deposit the fees if granted some breathing time and requested permission for students to participate in examinations in the interim. Respondent No. 2's Contention: The respondent University stated that the examination for the BPT course had already commenced, and for the DMLT course, it was scheduled to start soon. They indicated that issuing enrollment numbers and college allotments would require at least two days, and this process was contingent upon the deposit of the demanded amount.