Karnataka HC dismisses RGUHS writ pleas on fake marks cards

The Karnataka High Court has dismissed a batch of writ appeals, filed by the Rajiv Gandhi University of Health Sciences (RGUHS), in connection with the disaffiliation of nursing colleges run by Bethel and Hosmat Group in Bengaluru city.

The state government had disaffiliated the colleges, based on recommendations made by RGUHS, on the charges of making fake marks cards.

A division bench, headed by Justice Satish Chandra Sharma, however, clarified that it has not expressed any opinion regarding allegations, but was only on the question of law under section 48 of the RGUHS Act, 1994.

“The university, senate, academic council, syndicate, and the state government have not followed the procedure under section 48 of the Rajiv Gandhi University of Health Sciences Act, 1994 and had grossly violated the principles of natural justice,” the bench said in the order.

The government order of disaffiliation was issued in October 2019. The RGUHS stated that during a surprise inspection carried out on March 7, 2018, prima facie it was found that the colleges were found indulging in manufacturing fake marks cards and making them available to the students.

The petition, filed by the colleges and affected students, challenging the state government order, was allowed by a single bench.

The RGUHS moved writ appeals challenging the single bench order. The division bench pointed out that the show-cause notice, issued on February 2, 2019, inviting reply has been an empty formality in as much as the reply of the colleges has not been considered or adverted to in the decision-making process.

The bench pointed out that there was neither an independent application of mind/ or inquiry by the senate as required under section 48 (5) of the RGUHS Act nor is there any independent opinion made known by the senate. “Even the acceptance by the government does not indicate any application of mind. There is a violation of section 48 (6) of the Act which requires the government, if necessary, to hold such inquiry and thereafter make its recommendation,” the division bench said.