Thursday, July 9, 2015

HC orders KIMS to pay Rs 1 crore each to 3 MBBS students

The High Court on Wednesday directed the Kempegowda Institute of Medical Sciences (KIMS) in the city to pay Rs one crore each to three MBBS students within a month, for admitting them illegally and wasting one year of their academic career.

While hearing a petition by Girish Rithvik, R Lekhashree, Sreekar Surapaneni and Vadaanya Venkatesh, the students who were fighting for one medical seat in KIMS, Justice H G Ramesh ruled the seat in favour of Rithvik. He passed an order directing Rajya Vokkaligara Sangha, which runs KIMS, and the college to refund all fees paid by the other three students under different heads.

The total number of medical seats at KIMS was reduced from 150 to 120 for the academic year 2014-15, which led to a decrease in the management quota seats from 30 to 24. However, KIMS admitted 30 students instead of 24, hoping to get approval for the additional six seats, for which it had moved the Apex Court. But the court did not approve it.

Interim order

After the admissions, four students were left fighting for one seat. As they had moved the High Court, an interim order was passed allowing them to attend the classes. However, their admissions were not approved. The single judge ruled the seat in favour of one student on merit basis.

The judge said that the act of the college (KIMS) had resulted in they losing one academic year and also landing them in unnecessary litigation. This created uncertainty about their future and mental agony to them. The judge directed that an amount of Rs five lakh be paid by KIMS to all the four students for having driven them to unnecessary litigation. The judge ordered KIMS to refund Rs 65 lakh collected from Rithvik’s father towards contribution fund.

The judge said that the order would not come in the way of filing any civil or criminal proceedings against the two directors of the Sangha. The order would also not come in the way of the Medical Council of India to take action against KIMS and the Sangha in accordance with law for illegally admitting three students. The students may also file a contempt petition against the institution for not following the Supreme Court order.

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