HC Relief to MBBS Aspirant Wrongfully Denied Seat, orders Rs 1 Lakh Compensation, Future Admission
Guwahati: Granting relief to a reserve category MBBS aspirant, who was wrongfully denied admission, the Gauhati High Court recently directed the State Government to grant him admission to the MBBS course at Assam Medical College, Dibrugarh.
Apart from this, the HC bench comprising Justice Kardak Ete also issued directions to the State to provide a compensation of Rs 1 lakh to the student for the loss of one academic year, despite no fault on his part.
"In view of the above, this court deem it appropriate to grant compensation to the petitioner for loss of one precious academic year of 1st year MBBS course for no fault on his part. Accordingly, State respondents are directed to pay an amount of Rs. 100,000/-( Rupees One lakh ) only to the petitioner as compensation within 6 weeks from the date of receipt of certified copy of the order," ordered the Court.
The concerned MBBS aspirant, who filed the plea before the HC, belongs to the OBC Ex-TGL community, a recognized backward community in the State of Assam. He scored 417 marks in the National Eligibility cum Entrance Test for undergraduate (NEET-UG) 2023 and was admitted to MBBS course at Assam Medical College, Dibrugarh pursuant to the admission notice dated 03.09.2023.
However, based on the HC order in earlier case proceedings instituted by some other candidates including candidates belonging to TGL/Ex-TGL category for admission into 1st year MBBS/BDS courses for the 2023 session, the Director of Medical Education, Assam revised the admission notice and cancelled the admission notice, by which the petitioner was selected for provisional admission in the first year MBBS course in AMC, Dibrugarh.
Thereafter, issuing another admission notice on 29.09.2023, the DME, Assam cancelled the earlier notices, by which a select list of candidates belonging to OBC TGL/Ex-TGL category for admission into the 1st year MBBS/BDS courses for the session-2023, was purportedly revised in which the name of the petitioner was dropped.
Being aggrieved by the exclusion of his name in the revised admission notices dated 28.09.2023 and 29.09.2023, the petitioner approached the High Court. The case was disposed of on 12.10.2023 with a direction to the petitioner to appear before the State Level Caste Scrutiny Committee on 16.10.2023 with the necessary documents to establish his claim and the State Level Committee was directed to verify and take a decision.
The Court had also made it clear that the petitioner's claim of a seat in the 1st year MBBS course in the TGL/Ex-TGL category would be subject to the decision taken by the State Level Committee. Subsequently, the petitioner appeared before the State Level Scrutiny Committee on 16.10.2023 with the required documents. However, the State Level Caste Scrutiny Committee did not take any decision and due to this, the petitioner was on the verge of losing his seat in the 1st year MBBS course-2023 in Assam Medical College, Dibrugarh. Following this, the petitioner approached the HC bench seeking relief.
Meanwhile, during the pendency of the plea, the State Level Caste Scrutiny Committee held its meeting on 29.12.2023 and 30.12.2023 and arrived at the finding that the petitioner's claim was genuine and that he belonged to the OBC Ex-TGL community. Based on the factual verification report, the caste certificate of the petitioner was found to be genuine.
Filing an affidavit, the DME Assam informed that if the HC bench grants admission to the petitioner for the next academic year 2024-2025 session by issuing appropriate directions by directing to increase in the number of seats, the petitioner will be admitted in the next session i.e. 2024-25 by creating an extra seat as per the laws laid down by the Supreme Court bench in the case of S. Krishna Sradha Vs. State of Andhra Pradesh and Ors.
The petitioner's counsel submitted that the petitioner belongs to Ex-TGL category candidate and this has been confirmed by the competent authorities. Therefore, the petitioner is entitled to continue his MBBS course at Assam Medical College, Dibrugarh.
However, it was also submitted by the petitioner's counsel that in view of the law laid down by the Supreme Court in the case of S. Krishna Sradha, the petitioner has no other option but to wait for admission in the next academic session i.e. 2024-2025. He also submitted that the authorities may be directed to grant admission to the petitioner in the next academic session by adjusting the admission fees, which he had deposited at the time of admission in AMC, Dibrugarh last year.
Highlighting that the petitioner lost one precious year without any fault on his part, the petitioner's counsel also prayed to the Court to grant monetary compensation to him.
The counsel for the Health Department submitted that the Court may pass an appropriate direction to increase the number of seats to that the petitioner could be admitted in the next academic session i.e. 2024-2025. He further submitted that the report of the State Level Caste Scrutiny Committee was received on 09.01.2024 and by this time nothing could be done for the admission of the petitioner.
However, concerning the compensation claim, the Government counsel submitted that there was no fault on their part as they diligently initiated actions based on the court order. Therefore, they are not liable to pay any compensation.
While considering the matter, the Court noted that by now, the State Level Caste Scrutiny Committee has already come to a finding that the caste certificate of the petitioner is genuine.
"...by lapse of time at this stage as well as in view of the observation and the proposition laid down by the Hon’ble Supreme Court, there is no scope left to direct grant of admission to the petitioner for 1st year MBBS course for the session 2023," the bench further noted at this outset.
"On careful consideration of the prayers made in this writ petition, I find that the prayers have become redundant as some of the relief sought for has been redressed as well as due to passage of time. However, it is not impermissible to mould the relief by this court in an appropriate case like the present one," it further noted.
The bench took note of the similar matters addressed by the Division Bench of the Gauhati HC and set aside the order by which the petitioner's admission was cancelled.
"I am of the considered view that the impugned admission notice dated 29.09.2023 by which the name of the petitioner has been dropped is required to be interfered with and accordingly same is interfered with and is hereby set aside and quashed as the caste certificate of the petitioner is found to be genuine by the competent authorities and he being genuinely belongs to Ex-TGL category candidate, his name ought not have been dropped," the bench noted.
Granting the petitioner admission in the next academic year, the bench further ordered,
"Taking consideration into attending facts situation in the present case, I am of the view that although, petitioner being a genuine Ex-TGL category candidate, was selected and admitted in the 1st year MBBS course for the session 2023 in Assam Medical College, Dibrugarh, by lapse of time it is not possible to direct grant of admission of the petitioner in the current academic session. Thus, no relief can be granted to the petitioner for admission in the current academic year i.e. 2023-2024, however, the petitioner is entitled to be admitted in the next academic year i.e. 2024-2025 in view of the of observation and the proposition laid down by the Hon’ble Supreme Court."
Referring to the Supreme Court order in the case of S. Krishna Sradha, the bench opined that he had been illegally deprived of his admission in the 1st year MBBS course in the Assam Medical College, Dibrugarh.
However, no relief could be granted to the petitioner for admission in the current academic year i.e. 2023-2024 at this stage "as granting such relief would amount to turning the clock back which would be impermissible."
The bench opined that the petitioner is entitled to be admitted in the next academic year i.e. 2024-2025 as per the observation and proposition laid down by the Supreme Court as the petitioner is found to be meritorious and entitled to be admitted for MBBS course in AMC, Dibrugarh as Ex-TGL category candidate.
"Accordingly, in view of the proposition laid down by the Hon’ble Supreme Court, by way of restitutional remedy, the respondent authorities are directed to grant admission to the petitioner in the next academic year i.e. 2024-2025 by increasing the number of seats in the Assam Medical College, Dibrugarh. It is further provided that the admission fee (s) deposited by the petitioner at the time of admission vide dated 07.09.2023 be adjusted in the next admission," ordered the Court.
The bench also opined that the "petitioner is entitled to be compensated as the petitioner has lost one full academic year for no fault on his part" and directed the State to grant Rs 1 lakh compensation to the petitioner.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/gauhati-high-court-wrongful-denial-of-admission-234111.pdf
