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sc india

College cannot adopt unfair means to grant admission: Supreme Court of India

A compensation of Rs. 10 Lakhs was granted to an MS Surgery course aspirant for illegally denying her admission into the college and granting an admission to a candidate who ranked below her in the merit list. The College that denied her admission was directed to reserve one seat for this aspirant in the management quota in the next academic year of (2021-22). This was laid down by J. L Nageshwara Rao and Hemant Gupta in the case of National Medical Commission Vs. Mothukuru Sriyah Koumudi, [Civil Appeal No. 3940 of 2020]. 

The medico aspirant in her NEET PG 2020 scored 327 marks and was granted a provisional admission to the MS (General Surgery) course in the Kamineni Academy of Medical Science and Research Center, Hyderabad under Management Quota. The aspirant was asked by the authorities to report before the college on July 29 or 30 to submit the documents and pay the fees. The medico aspirant reached the college on those dates, but her admission was not completed. Further, the aspirant tried to meet the Chairman of the college, but she was not permitted to meet him. Later a candidate below her rank was granted admission to the college. The Medico Aspirant filed a writ petition in the High Court seeking denial of the admission granted to the other candidate.

The High Court allowed the Writ Petition and directed the Medical College to create or sanction one seat for the Petitioner and further directed the College to grant her admission to the PG medical course. The National Medical College approached the Supreme Court on the grounds that creating another seat for the medico aspirant would be contrary to the law that has been laid down by the Supreme Court itself. 

The Supreme Court upheld the finding of the High Court and laid down that the college was at fault in not granting admission to the medico aspirant. The Court further stated that, “The manner in which Respondent No.2-College acted in depriving admission to Respondent No.1 and giving admission to Respondent No.5 s deplorable. The managements of the medical colleges are not expected to indulge in such illegalities in making admissions to medical courses.” The court with respect to admission stated that adding one seat beyond the sanctioned capacity by the National Medical Commission cannot be permitted. Hence the Supreme Court stated that the medical aspirant should be granted a compensation of Rs. 10 lakhs for a loss of academic year for no faults of her and a seat in management quota for the academic year 2021-22.

Click here to read the Judgment

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