SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANOTHER versus UNION OF INDIA & OTHERS

SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANOTHER versus UNION OF INDIA & OTHERS

On the findings of the inquiry committee, the College was guilty of making false statements on the basis of fabricated and manipulated documents, committing fraud and perjury; Dean liable for prosecution under Section 193 IPC and the College liable for penalty and bar on admissions.

Parties
Petitioner: Sarvepalli Radhakrishnan University; Petitioner: R.K.D.F. Medical College Hospital and Research Centre; Respondent: Union of India; Respondent: Medical Council of India
Jurisdiction
India
Judgment Date
17 January 2019
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petitions dismissed
Legal Topics
False Evidence, Perjury, Medical College Permissions, Admission Standards, Fraud on Court
Education Law Criminal Law Administrative Law False Evidence Perjury Medical College Permissions Admission Standards Fraud on Court

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Parties

Sarvepalli Radhakrishnan University

Petitioner

R.K.D.F. Medical College Hospital and Research Centre

Petitioner

Union of India

Respondent

Medical Council of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the College made false statements and filed fabricated documents to obtain permission for admissions.
  2. 2 Whether the College indulged in fraud to mislead the Supreme Court.
  3. 3 Whether Dean and College are liable for prosecution under Section 193 IPC and punishment for perjury.

Ratio Decidendi

On the findings of the inquiry committee, the College was guilty of making false statements on the basis of fabricated and manipulated documents, committing fraud and perjury; Dean liable for prosecution under Section 193 IPC and the College liable for penalty and bar on admissions.

Court Disposition

Writ petitions dismissed

Orders

  • Dean of College (Petitioner No.2) liable for prosecution under Section 193 IPC; Secretary General to initiate prosecution in competent Court at Delhi.
  • College barred from admissions for 1st Year MBBS for 2018-19 and 2019-2020.