Meritorious candidate denied MBBS seat- HC slaps Rs 15 lakh compensation on medical college
Karnataka High Court
Bengaluru: The Karnataka High Court recently directed Home Minister G. Parameshwara-headed Sri Siddartha Academy of Education (SSAHE), Tumakuru (a deemed to be university), to pay Rs 15 lakh compensation to a student who was denied MBBS admission, when less meritorious candidates were granted admission to the medical college.
While considering the plea filed by the concerned student back in 2018, a Division bench of the HC comprising Justices Anu Sivaraman and Manmadha Rao observed that the action of Sri Siddhartha Medical College, under SSAHE, in denying seat to the petitioner and granting the seat "to a less meritorious candidate was per se arbitrary and illegal and cannot be excused under any circumstances."
"Having regard to the facts and circumstances of the case, we fix the compensation at Rs.15,00,000/-. The said amount shall be paid to the petitioner within a period of two months from the date of receipt of copy of this judgment," ordered the HC bench.
SSAHE, a deemed university, was authorised to conduct its own counselling for admitting students to the MBBS course based on their NEET rank. According to the petitioner, she secured All India Rank 195911 in NEET-2017 examination and participated in the counselling conducted by Sri Siddhartha Medical College on 01.09.2017 for admission to the MBBS Course for the academic year 2017- 18. The petitioner submitted all original academic certificates to the college and also submitted a DD dated 01.09.2017 of Rs 15,65,750 towards the first year course fees.
The counsel for the petitioner, neither the petitioner was given an acknowledgement nor an allotment letter, but only she was orally assured of admission. On 05.09.2017, the petitioner was informed by the Principal of the medical college that a Bank Guarantee for the balance course fees was required. Accordingly, the petitioner submitted a Bank Guarantee of Rs 52,50,000 on 08.09.2017.
However, allegedly, the college refused to accept it, stating that all the seats had been filled and the admission list had already been sent to the erstwhile Medical Council of India, with the last date of admission having lapsed.
The petitioner's counsel, Advocate Ajoy Kumar Paril, argued that amongst the list of admitted candidates, all those below serial number 15 were less meritorious than the petitioner, but they were admitted to the MBBS course, ignoring the petitioner's merit.
It was further submitted that the Chancellor of SSAHE acknowledged the error committed by the medical college and assured the petitioner a free medical seat from the management quota for the academic year 2018-2019, for the entire course of 4 1/2 years without any fees. However, this assurance was allegedly not honoured even when the petitioner qualified for the MBBS course in 2018. Ultimately, the petitioner was admitted to another medical college, under the management quota, by paying a hefty fee.
When the petitioner approached the HC, SSAHE disputed the assurance of a free seat, which was given in writing by its then chancellor, who died subsequently. SSAHE claimed that no such letter was in its record.
It was further contended that students allotted seats through KEA were required to submit a Bank Guarantee to secure admission. The petitioner neither submitted the Bank Guarantee on time nor provided a written undertaking like other candidates. The Bank Guarantee was furnished belatedly after the final admission list had already been submitted to the Medical Council of India, and the Institution cannot be faulted with.
While considering the matter, the HC bench observed that no document was submitted by the college to show any provision in the prospectus, the Act or in any other binding document providing that a Bank Guarantee in respect of the fees for the entire duration of the course must be provided to the Educational Institution concerned before admission is to be provided.
Referring to the assurance of a free seat by the then chancellor of SSAHE, the Court observed, "In the instant case, the denial of admission was admittedly in September 2017. However, on 11.10.2017, the Chancellor of the University had made an assurance of a free medical seat in the year 2018-19. The said letter is countersigned by the Principal of the College and the petitioner. If the said letter was obtained by force and coercion as contended by respondent No.6, no complaint of any nature has been submitted before any authorities raising any such complaint either by the Institution or the Principal. Though the Institution has contended that the document is not genuine, no attempt has been made to establish the said contention in accordance with law. We are therefore, of the opinion that there was justification in the student having waited to see whether the assurance held out by the chancellor would be honored by the Institution. We therefore cannot accept the contention that there is any undue delay on the part of the petitioner in approaching this Court."
The HC bench observed that in this case, the petitioner was not at fault, and it was only on account of the illegal demand raised by the college that she was unable to join the MBBS course in the academic year 2017-2019. She had paid the first year fees before the prescribed date, and she had also provided the Bank Guarantee immediately thereafter, that is, on 08.09.2017, noted the Court.
"Hence, we are of the opinion that this is a fit case, where compensation should be awarded to the petitioner by respondent No.6- College for the denial of admission for the year 2017-2018. Though the learned counsel for the petitioner vehemently contended that the compensation to be granted should be referable to the entire fee she had paid for the MBBS Course undergone by her in the subsequent year, that is, 2018-19, we are unable to accept the said contention," observed the HC bench.
Accordingly, the Court directed the college to pay Rs 15 lakh compensation to the student within two months from the date of receipt of the order.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-mbbs-admission-298897.pdf
