ADMITTING EXCESS STUDENTS IN EDUCATIONAL INSTITUTIONS

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The Supreme Court abhorred the tendency of the educational institutions admitting students beyond the numbers permitted and thereby putting the future of the students at stake. The Court upheld a penalty of Rs 23.10 crores imposed on FORE (Foundation for Organisational Research and Education) School of Management by the AICTE (All India Council for Technical Education) for admitting 42 students in excess to the sanctioned seats in 2016. The court was considering the plea by FORE challenging the action of AICTE for rejecting their request for extension of approval of existing seats and for the increase in seats in certain courses. 

The bench comprising Justice Deepak Gupta and Justice Surya Kant said that action of the institution in granting admission to the students beyond the seats sanctioned is totally illegal and contrary to law but in the present case, they did not decide to set aside the admission of the students because that action would be too harsh upon the students who should not suffer for the totally illegal action of the petitioner institution. Time to time, it has been noticed that the educational institutions admit students beyond the numbers permitted putting the future of the students at stake.

The court further added that “The petitioner could not take the law into its own hand and grant admission to students in excess of the seats permitted by the AICTE. Therefore, we have no doubt in our mind that the action of the petitioner in granting admission to the students beyond the seats sanctioned is totally illegal and contrary to law.”

The bench said that the AICTE which had many prescribed penalties had only imposed the financial penalty which is the first penalty prescribed.

It noted that the management institute was charging Rs 11 lakh from each student for the entire course and the AICTE according to laid down norms had imposed penalty five times of the amount charged from each student, which in the case for 42 students works out to be Rs 23.10 crores.

While dismissing the plea, the court added that the students who had paid large sums of money should not be made to suffer. They have already completed the course but the degrees have not been awarded to them. Therefore, the degrees must be awarded to the said students.

FOUNDATION FOR ORGANIZATIONAL RESEARCH

AND EDUCATION FORE SCHOOL OF

MANAGEMENT THROUGH ITS DIRECTOR 

Versus

THE ALL INDIA COUNCIL FOR TECHNICAL

EDUCATION THROUGH THE

MEMBER SECRETARY