SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANOTHER versus UNION OF INDIA & OTHERS

Citation: [2019] 1 S.C.R. 920 · Decided: 17-01-2019 · Supreme Court of India · Bench: S.A. BOBDE · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 1 S.C.R.
SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANOTHER
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil) No. 1001 of 2017)
JANUARY 17, 2019
[S. A. BOBDE, L. NAGESWARA RAO AND
R. SUBHASH REDDY, JJ.]
Penal Code, 1860 – s.193 – False Evidence – False statement
made before the Court on the basis of a fabricated document –
Petitioner No.2- College was permitted by the respondents to admit
MBBS students – There were recurring lapses on the part of the
petitioner no.2- college to meet the requisite minimum standards for
admission of MBBS students – Consequently, respondents cancelled
the admission of students for the academic year 2017-18 and directed
College to discharge all the students – Writ petition before the
Supreme Court – Respondents contended that the College was
indulging in fraud by showing persons who were not sick as patients
to show compliance of the minimum requirements – On the other
hand, College placed records and contended that they were being
unnecessarily troubled by the respondents in spite of their
compliance with required standards to admit MBBS students – A
committee was constituted to check the correctness of the statistics,
reports and materials placed before the Court – Pursuant thereto,
report submitted by the Committee before the Court – Thereafter,
College submitted an apology for lapses on their part – Held:
Apology cannot be accepted – On the basis of the findings of the
Committee, it was clear that a false statement was made by the College
on the basis of a fabricated document – Assertion made by the
College regarding the genuineness of the patients in the hospital
turned out to be false in the enquiry conducted by the Committee –
There were fake and incomplete addresses of the patients, in the
records of the hospital – Only 21 patients were identified and out of
these 8 turned out to be employees/students of the College – Further,
faculty members were found working elsewhere and running
hospitals – It was clear that the College was guilty of practicing
fraud on the Court – College administration indulged in
[2019] 1 S.C.R. 920
920
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manipulations and deceived the authorities to project compliance
of the requisite minimum standards for admission of students –
College placed maneuvered documents to obtain a favourable order
– It is trite that every litigant has to approach the Court with clean
hands – A litigant who indulges in suppression of facts and
misrepresentation is not entitled for any relief – Thus, Dean of the
College liable for prosecution u/s.193 of IPC and the College liable
to be punished for committing perjury – Establishment of Medical
College Regulations, 1999 – Regns. 8(3)(1)(a) and 8(3)(1)(d) –
Perjury.
Establishment of Medical College Regulations, 1999 – Regns.
8(3)(1)(a) and 8(3)(1)(d) – Forged/fake documents for the purpose
of showing compliance with minimum requirements – Petitioner No.2-
College was permitted to admit MBBS students for the academic
year 2014-15 – However, for subsequent academic years i.e. 2015-
16, 2016-17 and 2017-18, the respondents found serious
deficiencies in the Assessment Report of College – There were
various rounds of litigations between the petitioner-College and
the respondents – Finally, respondents cancelled the admission of
students for the academic year 2017-18 and directed College to
discharge all the students – Writ petition before the Supreme Court
– College placed records and contended that they were being
unnecessarily troubled by the respondents in spite of their
compliance with required standards to admit students for MBBS
course – Held: College relied upon manipulated records to mislead
the Supreme Court for the purpose of getting favourable order –
College has been habitually indulging in foul play which is clear
from the course of events in 2015, when faculty members were found
to have been working elsewhere and running hospitals – There were
fake and incomplete addresses of the patients, in the records of the
hospital – College  indulged in large scale malpractices in showing
compliance of the minimum required standards to obtain permission
for admission of students – Thus, College barred from making
admissions for the year 1st year MBBS course for the next two years
i.e. 2018-19 and 2019-20 – Further, a penalty of Rs. Five Crores
imposed on the College for playing fraud on the Court – Insofar as
the students who were admitted in the College for the academic

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