NDLI: Sarvepalli Radhakrishnan University & Another Vs. Union of India & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.193 admission of MBBS requisite minimum standards False Evidence Medical college
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Penal Code, 1860 – s.193 – False Evidence – False statement made before the Court on the basis of a fabricated document – Petitioner No.2- College was permitted by the respondents to admit MBBS students – There were recurring lapses on the part of the petitioner no.2- college to meet the requisite minimum standards for admission of MBBS students – Consequently, respondents cancelled the admission of students for the academic year 2017-18 and directed College to discharge all the students – Writ petition before the Supreme Court – Respondents contended that the College was indulging in fraud by showing persons who were not sick as patients to show compliance of the minimum requirements – On the other hand, College placed records and contended that they were being unnecessarily troubled by the respondents in spite of their compliance with required standards to admit MBBS students – A committee was constituted to check the correctness of the statistics, reports and materials placed before the Court – Pursuant thereto, report submitted by the Committee before the Court – Thereafter, College submitted an apology for lapses on their part – Held: Apology cannot be accepted – On the basis of the findings of the Committee, it was clear that a false statement was made by the College on the basis of a fabricated document – Assertion made by the College regarding the genuineness of the patients in the hospital turned out to be false in the enquiry conducted by the Committee – There were fake and incomplete addresses of the patients, in the records of the hospital – Only 21 patients were identified and out of these 8 turned out to be employees/students of the College – Further, faculty members were found working elsewhere and running hospitals – It was clear that the College was guilty of practicing fraud on the Court – College administration indulged in manipulations and deceived the authorities to project compliance of the requisite minimum standards for admission of students – College placed maneuvered documents to obtain a favourable order – It is trite that every litigant has to approach the Court with clean hands – A litigant who indulges in suppression of facts and misrepresentation is not entitled for any relief – Thus, Dean of the College liable for prosecution u/s.193 of IPC and the College liable to be punished for committing perjury – Establishment of Medical College Regulations, 1999 – Regns. 8(3)(1)(a) and 8(3)(1)(d) – Perjury. Establishment of Medical College Regulations, 1999 – Regns. 8(3)(1)(a) and 8(3)(1)(d) – Forged/fake documents for the purpose of showing compliance with minimum requirements – Petitioner No.2- College was permitted to admit MBBS students for the academic year 2014-15 – However, for subsequent academic years i.e. 2015- 16, 2016-17 and 2017-18, the respondents found serious deficiencies in the Assessment Report of College – There were various rounds of litigations between the petitioner-College and the respondents – Finally, respondents cancelled the admission of students for the academic year 2017-18 and directed College to discharge all the students – Writ petition before the Supreme Court – College placed records and contended that they were being unnecessarily troubled by the respondents in spite of their compliance with required standards to admit students for MBBS course – Held: College relied upon manipulated records to mislead the Supreme Court for the purpose of getting favourable order – College has been habitually indulging in foul play which is clear from the course of events in 2015, when faculty members were found to have been working elsewhere and running hospitals – There were fake and incomplete addresses of the patients, in the records of the hospital – College indulged in large scale malpractices in showing compliance of the minimum required standards to obtain permission for admission of students – Thus, College barred from making admissions for the year 1st year MBBS course for the next two years i.e. 2018-19 and 2019-20 – Further, a penalty of Rs. Five Crores imposed on the College for playing fraud on the Court – Insofar as the students who were admitted in the College for the academic year 2017-18 are concerned, they were duly cautioned and informed that their admission was purely provisional and they cannot claim any equity if the College was later on found to be deficient – By an earlier order of the Supreme Court, they were directed to be adjusted in other medical Colleges for the year 2018-19 – However, they are entitled for refund of the fee collected from them for admission to the College – Penalty – Equity.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2019 INSC 57
Petitioner	Sarvepalli Radhakrishnan University & Another
Respondent	Union Of India & Others
SCR	[2019] 1 S.C.R. 920
Judgement Date	2019-01-17
Case Number	1001

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