MBBS Seats at AIIMS NOT FOR SALE: HC Dismisses Plea seeking to recover Rs 30 Lakh paid to secure Admission
Delhi High Court
New Delhi: Highlighting the fact that MBBS seats at All India Institute of Medical Sciences (AIIMS) are not or sale, the Delhi High Court on Wednesday dismissed a woman's plea seeking recovery of Rs 30 lakh that she allegedly paid to a man to secure her daughter's admission at the premier medical institute.
While considering the matter, the HC bench comprising Justice Jasmeet Singh noted that the petitioner woman herself "perpetuated an illegality" and the law did not recognise contracts having an object that is unlawful, immoral, and against public policy, adds PTI.
"It is a known fact that the AIIMS is one of the most premier institutes of medicine in India. Children spend hours and hours preparing for the entrance in AIIMS. The seats in MBBS course at AIIMS are not for sale. Appellant may be gullible but court can’t come to the assistance of a person who has perpetuated an illegality," noted the HC bench.
The concerned woman approached the HC bench challenging an order by of the Additional District Judge (ADJ-East) Karkardooma Court, New Delhi, which earlier rejected her lawsuit for recovering Rs 30 lakh from the man who allegedly lured her into giving the money to secure a seat for her daughter claiming to have "contacts" with the health minister and the officials at the institute.
It was alleged by the petitioner that despite payment of the money, the said man failed to secure her daughter's admission and thereafter, the lawsuit was filed. However, previously, the ADJ dismissed the suit, saying that the court cannot come to rescue for an unlawful act. This was noted by the HC bench.
The court had said that the agreement between the parties is void ab initio and recovery is barred under Section 23 of the Indian Contract Act, adds ANI.
Referring to the matter, the HC bench said that the facts stated a very abysmal picture and observed that the students desirous of seeking admission in AIIMS studied 18 hours a day and the appellant tried to "jump the queue" by cheating.
Justice Singh said, "The appellant is guilty of perpetuating an illegality; it is a known fact that AIIMS is one of the most premier institutes of medicine in India."
"The children securing admission spend hours and hours preparing themselves for the entrance at AIIMS. The seats in the MBBS course at AIIMS are not for sale," the bench further noted.
The high court said that the appellant may be gullible but this court cannot come to the assistance of a person who has participated in the illegality as noted above.
"A perusal of the facts shows that the consideration in the present case is an unlawful object forbidden by law, immoral and opposed to public policy," observed the bench.
Holding that there was no illegality in the lower court order, the HC bench further noted, "If by paying Rs 40 lakh you are able to get a seat, what is going to happen to our country?.. The facts of the case paint an abysmal picture."
While dismissing the appeal, Justice Singh said, "I find no infirmity in the impugned order of the court. The appeal is therefore dismissed."
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