Summary
A court-appointed expert inquiry exposed fabricated explanations for absent faculty and unreliable patient records used by a medical college to assert regulatory compliance. The Court found a deliberate attempt to obtain favourable orders by fraud and rejected the belated apology. It directed prosecution of the Dean for false evidence, barred fresh first-year MBBS admissions for two academic years and imposed a five-crore-rupee penalty. Affected students, already relocated after cancellation of provisional admissions, were awarded refund and compensation.
Issues
- Whether the college’s claims of regulatory compliance and supporting records misled the Court.
- Whether the college’s apology excused its conduct.
- What action against the Dean and college, and what student relief, were warranted.
Provisions considered
- Section 193, Indian Penal Code, 1860The Dean’s verified assertions relying on fabricated and manipulated records warranted initiation of prosecution in a competent Delhi court; the judgment directed prosecution rather than recording a criminal conviction. (¶¶ 6, 13, 14, 18(i))
Held
- The expert committee contradicted the claimed police summons explaining faculty absence and exposed serious unreliability in patient admissions, case sheets and claimed computerized records. The college deliberately manipulated records to secure permission and mislead the Court. A litigant seeking relief must approach with clean hands. (¶¶ 8, 9, 11, 12, 13, 14, 15)
- The belated apology was rejected in view of repeated foul play and the timing after exposure. The college’s conduct required serious consequences rather than acceptance of a request to give the matter a quietus. (¶¶ 10, 11, 15, 16)
- The Secretary General must depute an officer to initiate Section 193 prosecution against the Dean in a competent court at Delhi. The college was barred from first-year MBBS admissions for 2018–2019 and 2019–2020, and a penalty of Rs 5 crores was imposed for fraud on the Court, payable to the Supreme Court Legal Services Committee. (¶¶ 14, 15, 16, 18(i), 18(ii), 18(iii))
- The students’ admissions were expressly provisional and subject to inspection, but they were not complicit in the college’s deficiencies. Having lost an academic year and been accommodated elsewhere, they were entitled to refund of the fees collected and compensation of Rs 1 lakh each. (¶¶ 6, 7, 17, 18(iv))
Result
Both writ petitions dismissed. Dean’s prosecution directed; college barred from fresh first-year MBBS admissions for 2018–2019 and 2019–2020 and penalized Rs 5 crores. Affected students awarded fee refund and Rs 1 lakh compensation each.