Classic case of college harassment,Karnataka High Court rescues student
Bengaluru: Terming it a classic case of a student suffering at the hands of the college management, the Karnataka High Court recently directed the management to confirm the postgraduate exam results of a student that were withheld for alleged lack of attendance. The court also ordered the management to return the student’s original marks cards, testimonials and certificates.
The court viewed the entire case as a mere allegation against the student over some personal dispute. “Viewed from any angle, the college/institution denying the student to appear for PG examination is wholly untenable and cannot be sustained," the court said in its order dated April 7, 2017.
The college management had denied the student permission to appear for the radio diagnosis MD exam on the ground that he had a shortage of attendance in the first year.
The petitioner, Dr Nagesh M., approached the High Court seeking directions to the Rajiv Gandhi University of Health Sciences and M.V.J. Medical College and Research Hospital near Hoskote to allow him to appear for the PG course. The High Court had allowed him through an interim order. He passed the exam, but the result was withheld as the court was yet to pass an order on his petition.
Dr Nagesh’s advocate rebutted the allegation of the management and produced documents obtained through the Right to Information Act from the Medical Council of India (MCI). The documents clearly established that the petitioner student had the requisite attendance as per MCI regulations.
The student revealed that because of some financial aspects and harassment by the institution chairman, he had complained to RGUHS against the institution, particularly its chairman. The University had constituted a three-man committee to investigate the matter and its report suggested that there was a misunderstanding between the chairman and the student leading to untoward incidents.
In one of the documents, even the Head of the Department had revealed that the student was being victimised. The college management argued that the student was
irregular to classes and had a shortage of attendance. But the attendance abstract submitted by the college to the MCI categorically proved that the student had the requisite attendance. But the college, which relied on another attendance register, showed a shortage.
“There cannot be two attendance registers or abstracts maintained by the college to suit their convenience and use them to control the students. The documents
submitted to the MCI prevails over any other document placed on record by the institution," Justice S. Sujatha ruled, while stating that it is the obligation cast upon the institution to adhere to the rules and regulations framed by the MCI and to stick to the documents placed before it.
"A different stance now taken by the institution, altogether different from that was placed on record before the MCI would not inspire any confidence," the order stated.
