MBBS Course: Admission may be directed toward a meritorious candidate in exceptional cases even after the cut-off date - Synopsis
Parul Madaan 8 Jan 2020

M.B.B.S Course: Admission may be directed toward a meritorious candidate in exceptional cases even after the cut-off date-                                                        S. Krishna Sradha V. The State of Andhra Pradesh & Ors.                            Civil Appeal No. 1081 of 2017

In this case, the Hon'ble Supreme Court established guidelines in cases where a meritorious candidate has been illegally or irrationally denied admission to the M.B.B.S Course by the authorities without his / her fault and has approached the Court in due time.

Even the restitutionary remedy of providing a seat in the following year, in the case of medical admissions, would result in a meritorious candidate losing a full academic year, which can not be compensated in real terms. Therefore compensation could be given for loss of year, but in monetary terms, denial of admissions to a meritorious nominee can not be compensated. Thus denying admission to a meritorious candidate in a medical course for no fault of his / her own and although he / she has approached the Court in a timely manner and despite the fact that no fair and equitable relief would be denied.Therefore, the question is what relief the Court can grant by protecting a candidate's right to equal and fair treatment and at the same time there is no injustice to other candidate.

Even granting such a candidate  relief in the next academic year and accommodating him / her in the following year and in the sanctioned intake may even affect the right of some other candidate to seek admission in the next academic year and that for no fault of his / her own. Therefore, even after the cut-off date is over, the Court can grant the candidate exceptional relief in the exceptional and rare cases.

1.      In a case where candidate has approached the court at the earliest and without any delay and that the question is with respect to the admission in medical course all the efforts shall be made by the concerned court to dispose of the proceedings by giving priority and at the earliest.

2.      Under exceptional circumstances, if the court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission which would violate the right of equality and equal treatment to the competing candidates and if the time schedule prescribed, is over, to do the complete justice, the Court under exceptional circumstances and a and under no circumstances, the Court shall order any Admission in the same year. However, it is observed that such relief can be granted only in exceptional circumstances and in the rarest of rare cases. In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled.

3.      In case the Court is of the opinion that no relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest and without any delay, the court can mold the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota.

4.      Grant of the compensation could be an additional remedy but not a substitute for restitution remedies. Therefore, in an appropriate case the Court may award the compensation to such a meritorious candidate who for no fault of his/her has to lose one full academic year and who could not be granted any relief of admission in the same academic year.

5.      It is clarified that the aforesaid directions pertain for Admission in M.B.B.S Course only and not Post Graduate Medical Course.

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