Private Medical Colleges Wrongfully Denied Admission to Medical Aspirants, HC Directs State to Pay Rs 20 Lakh Compensation each
Mumbai: The Bombay High Court bench recently directed the State Government to pay Rs 20 lakh compensation to three medical aspirants, who were denied admission to medical courses around 12 years ago due to irregularities in the admission process in private medical colleges.
Altogether four aspirants approached the HC bench. All of them were aspiring to pursue medical course and therefore they had appeared in the Common Entrance Test (CET) conducted by the Association of Management of Unaided Private Medical and Dental Colleges, Maharashtra (AMUPMDC) in 2012.
Even though they cleared the exam, due to the irregularities conducted by various medical institutes/colleges, they could not get admitted to medical courses although the students less meritorious than them managed to get admission.
Consequently, the State set up a committee to examine the irregularities. The Committee gave its report and recommended strict action against the institutions/officials who were involved in the irregularities.
Some of the students challenged the admission process before the Bombay HC back in 2013 and after the matter was dismissed by the HC, it reached the Supreme Court. The Apex Court on 2nd September 2014 directed the State Government to compensate the students by paying a sum of Rs 20 lakh towards public law damages and further directed the State to take action against the officers involved in the irregularities which resulted into meritorious students being denied admission.
The four medical aspirants who approached the Bombay HC bench in 2015 were not the petitioners before the Supreme Court. However, based on the Supreme Court's directions, they approached the HC bench seeking similar relief i.e. Rs 20 lakh compensation on account of public law damages.
It was submitted by the petitioners that they were similarly placed to students who had approached the Supreme Court and therefore the relief granted by the Apex Court should also be granted to them.
They further submitted that identical relief had been granted to other students who could not get admission for the academic year 2012-2013. The petitioners informed the Court that pursuant to the letter by the State, they had already submitted all the documents including the undertaking but they did not receive Rs 20 lakh compensation.
On the other hand, the State submitted that the petitioners were not before the Supreme Court and therefore they could not seek the relief by filing the plea before the HC bench. Therefore, the State submitted that the petitioners were not entitled to public law damages of Rs 20 lakh and urged the Court to dismiss the plea.
While considering the matter, the bench noted, "Therefore, in our view, if the Petitioners are similarly placed as those who were before the Supreme Court then the Respondent No.6 cannot deny the relief of payment of Rs.20,00,000/- to each Petitioner."
The HC bench noted that in March 2019, the State had paid Rs 20 lakh to one of the petitioners for the lost opportunity. Referring to this, the bench observed, "If that be so, we failed to understand as to how Respondent No.6-State can submit that since the other three Petitioners were not before the Supreme Court they are not entitled to sum of Rs.20,00,000/-. This stand of Respondent No.6-State is contrary to their own act of making payment of Rs.20,00,000/- to Petitioner No.2. Therefore even on this count, the Respondent No.6-State is not justified in denying payment of Rs.20,00,000/- to other Petitioners."
Further, the Court took note of the fact that in March 2015, the State issued a letter to the other three petitioners and sought certain documents to process and make the payment as per the Apex Court's directions.
"We are informed by the Petitioners that they have complied with the said requisition by filing an undertaking and various documents namely Aadhaar card, bank details etc. However, the Petitioners have not received the payment of Rs.20,00,000/- till today. There is no justification given by Respondent No.6-State for having issued such communication and the Petitioner having complied with why the payment was not made from 2015 onward till today. Therefore on this count also, the stand taken by the Respondent No.6-State to deny the payment is contrary to their own stand. However since in the petition there is no averment on the Petitioners having complied with the requisition, we direct Petitioner Nos.1, 3 and 4 to once again file the documents requisitioned by Respondent No.6 vide letter dated 9th March 2015 so that the claim can be processed," the Court noted at this outset.
Therefore, the bench directed three of the four petitioners to file the details sought via letter dated 9th March 2015 within a period of two weeks and directed the State to process the claim.
"The Respondent No.6-State is directed to process the claim and make payment of Rs.20,00,000/- each to Petitioner Nos.1, 3 and 4 within a period of eight weeks from the expiry of two weeks as (i) per above," directed the bench.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/bombay-hc-wrongful-denial-of-admission-233429.pdf
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