The Supreme Court has ruled that private colleges cannot admit students to various courses awaiting affiliation from the university concerned, putting the career of students in jeopardy.
The Bench, Justices Dipak Misra and Shiva Kirti Singh said this kind of admitting students pending affiliation has become a disease, and when the conduct becomes a disaster, it is a disastrous phenomenon.
“Time and again, this Court had deprecated the practice of educational institutions admitting the students without requisite recognition or affiliation.”
Writing the judgment Justice Misra said in all such cases the usual plea is the career of innocent students who have fallen in the hands of the mischievous authorities. Though the ultimate victims are innocent students that cannot be a ground for granting relief to the college.
It should be recalled that in November, 2012 the Supreme Court had said that students taking admission in educational institutions without verifying whether they are recognised or not are to be blamed themselves.
The Bench, Justices KS Radhakrishnan and Dipak Misra refused to grant recognition to a Madhya Pradesh-based institute and turned down its plea to sympathise with students.
“The students who take admission are not young in age. They are graduates. They are expected to enquire whether the institution has recognition and affiliation. If we allow ourselves to say so, the institution had given admission in a nonchalant manner. Possibly, its functionaries harboured the idea that they had incomparable fertile mind. The students who had taken admission possibly immersed with the idea that ignorance is a bliss,” the bench said.
The institution that is engaged in imparting a course has to obey the command of law in letter and spirit and there should not be any deviation, it said.
“But, unfortunately, some of the institutions flagrantly violate the norms with audacity and seek indulgence of the court either in the name of mercy or sympathy for the students or financial constraint of the institution or they have been inappropriately treated by the statutory regulatory bodies,” the bench said.
“It is also necessary to state that the institution had the anxious enthusiasm to commercialise education and earn money forgetting the factum that such an attitude leads to a disaster. The students exhibited tremendous anxiety to get a degree without bothering for a moment whether their effort, if any, had the sanctity of law. Such attitudes only bring nemesis,” the judgement, written by Justice Misra, said.
According to the bench, the apex court has ruled in many cases that without recognition from the NCTE and affiliation from the university or examining body, the educational institution cannot admit the students.
“The basic motto should have been transparency. Unfortunately, the institution betrayed the trust of students and the students, in a way, atrophied their intelligence. The institution decidedly exhibited characteristics of carelessness. It seems that they had forgotten that they are accountable to law.
“The students, while thinking vision of hope, chose to play possum. The law does not countenance either of the ideas. Hence, the plea propounded with anxiety, vehemence and desperation on behalf of the appellant is not acceptable and, accordingly we unhesitatingly repel the same,” the bench said.
The Supreme Court once again reiterates it’s stand on the issue by ruling that educational institutes cannot admit students without affiliation.