MBBS admission denied? SC says Court may award the compensation to such a meritorious candidate who for no fault of his/her has to lose one full academic year and who could not be granted any relief of admission in the same academic year.
MBBS Admission: Can monetary compensation be a remedy to an MBBS candidate who has been illegally denied admission to a medical college? According to the Supreme Court, compensation could only be an additional remedy not a substitute for restitutional remedy like allowing admission to the college. The apex court on Friday last issued new directions to be applied when a meritorious MBBS candidate is denied admission to a medical course for no fault of his or her and s/he had approached the court in time:
The SC directions came in S. Krishna Sradha vs The State of Andhra Pradesh & Ors, where the candidate was denied due priority in admission into MBBS course in spite of submitting necessary material in support of claiming reservation in the sports and game category. She had immediately approached the High Court seeking admission in the reserved quota of sports and games quota. However, at the time when her petition was heard, the academic session had already started. The HC observed that no direction can be issued to grant admission to the candidate for the academic session, on the ground that the time lit for admission had expired. The HC, however, granted her a compensation of Rs 5 lakh.
The apex considered two points: First, whether a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief because the cutoff date for admission has passed. Second, can the grant of compensation by the court be the appropriate relief to such candidate in such a situation?
New directions for MBBS admission
1. Fast disposal of case
Supreme Court said: “When a candidate has approached the court at the earliest and without any delay for admission in medical course, all the efforts shall be made by the concerned court to dispose of the proceedings by giving priority and at the earliest.”
2. Create additional seats in rarest of rare cases
SC said, “Under exceptional circumstances, if the court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission which would violate the right of equality and equal treatment to the competing candidates and if the time schedule prescribed – 30th September, is over, to do the complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the seats, however, it should not be more than one or two seats and such admissions can be ordered within reasonable time, i.e., within one month from 30th September, i.e., cut off date and under no circumstances, the Court shall order any Admission in the same year beyond 30th October.”
In such rarest of rare cases, the court can also cancel the admission given to a candidate who is at the bottom of the merit list. “In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled,’ SC said.
3) Allow admission in next year, if not possible in the current year
“In case the Court is of the opinion that no relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest and without any delay, the court can mould the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality…”
Reduce management quota seat: “…and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota,” SC said.
4. Compensation could be an additional remedy
SC said, “Grant of the compensation could be an additional remedy but not a substitute for restitutional remedies. Therefore, in an appropriate case the Court may award the compensation to such a meritorious candidate who for no fault of his/her has to lose one full academic year and who could not be granted any relief of admission in the same academic year.”
The SC directions will not apply to Post Graduate Medical Course.