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SUPREME COURT OF INDIA
ARUN MISHRA, M.R. SHAH, B.R. GAVAI, JJ.
S. Krishna Sradha – Appellants
Versus
The State of Andhra Pradesh & Ors – Respondents
Civil Appeal No. 1081 of 2017
Decided On : 13-12-2019
(A) Education – Admission – MBBS Course – For a student/candidate seeking admission in professional courses more particularly the medical course each year is very important and precious – Similarly, getting admission in medical course itself is very important in life of a candidate/student and even a dream of man – Right to equal and fair treatment is a component of Article 14 of Constitution – Transparent and fair procedure is duty of every legal authority connected with admissions – In such cases, denial of fair treatment to candidate would not only violate his/her right under Article 14 but would seriously jeopardize his right under Articles 19 and 21 of Constitution of India – For a meritorious student seeking admission in medical course is very important in life of student/candidate and denial of admission to a meritorious candidate though no fault of his violates his/her fundamental rights – Compensation could be an additional remedy but not a substitute for restitutionary remedies – In case of medical admissions, even restitutionary remedy of providing a seat in subsequent year would lead to loss of one full academic year to a meritorious candidate which cannot be compensated in real terms – Compensation for loss of year could be provided but denial of admissions to a meritorious candidate cannot be compensated in monetary terms. (Paras 8.1 and 8.2)
(B) Education – Admission – MBBS Course – Cut-off date – Denial of admission in medical course to a meritorious candidate for no fault of his/her and though he/she has approached Court in time and despite the same not granting any just and equitable relief would be denial of justice – Balance is required to be struck – In a case where candidate/student has approached court at the earliest and without any delay and that question is with respect to admission in medical course all efforts shall be made by concerned court to dispose of proceedings by giving priority and at the earliest – Under exceptional circumstances, if court finds that there is no fault attributable to candidate and candidate has pursued his/her legal right expeditiously without any delay and there is fault only on part of authorities and/or there is apparent breach of rules and regulations as well as related principles in process of grant of admission which would violate right of equality and equal treatment to competing candidates and if time schedule prescribed is over, to do complete justice, Court under exceptional circumstances and in rarest of rare cases direct admission in same year by directing to increase seats, however, it should not be more than one or two seats and such admissions can be ordered within reasonable time, i.e., within one month from cut off date and under no circumstances, Court shall order any admission in same year beyond 30th October – However, such relief can be granted only in exceptional circumstances and in rarest of rare cases – In case of such an eventuality, Court may also pass an order cancelling admission given to a candidate who is at the bottom of merit list of category who, if admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got admission, if Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled – In case Court is of opinion that no relief of admission can be granted to such a candidate in very academic year and wherever it finds that action of authorities has been arbitrary and in breach of the rules and regulations or prospectus affecting rights of students and that a candidate is found to be meritorious and such candidate/student has approached court at the earliest and without any delay, court can mould relief and direct admission to be granted to such a candidate in next academic year by issuing appropriate directions by directing to increase in number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that management was at fault and wrongly denied admission to meritorious candidate, in that case, Court may direct to reduce number of seats in management quota of that year, meaning thereby student/students who was/were denied admission illegally to be accommodated in next academic year out of seats allotted in management quota – Grant of compensation could be an additional remedy but not a substitute for restitutional remedies – In an appropriate case Court may award 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 same academic year – Such directions pertain to Admission in MBBS Course only and not Post Graduate Medical Course. (Paras 8.2 and 9)
Facts of the case:
Issue arises for consideration is whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cut-off date of 30th September has passed. In such a situation the relief which can be given by the Court is to grant appropriate compensation only? In spite of submitting the necessary material in support of claim of appellant for reservation in sports and game category for admission into MBBS Course, she was denied due priority in admission into MBBS Course.
Findings of Court:
Compensation for loss of year could be provided, but denial of admissions to a meritorious candidate cannot be compensated in monetary terms. Thus denial of admission in medical course to a meritorious candidate for no fault of his/her and though he/she has approached the Court in time and despite the same not granting any just and equitable relief would be denial of justice.
Result : Reference answered.
JUDGMENT :
M.R. SHAH, J.
1. The issue arises for consideration is whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cutoff date of 30th September has passed. In such a situation the relief which can be given by the Court is to grant appropriate compensation only?
2. Having noticed the conflict between the pronouncement of this Court in Asha vs. Pt. B.D. Sharma UHS, (2012) 7 SCC 389 and Chandigarh Admn. vs. Jasmine Kaur, (2014) 10 SCC 521, the aforesaid issue is referred to a larger Bench.
3. At the outset, it is required to be noted that in the present case, in spite of submitting the necessary material in support of the claim of the appellant for reservation in the sports and game category for admission into MBBS Course, she was denied due priority in admission into MBBS Course. Therefore, the appellant immediately approached the High Court seeking admission in the reserved quota of sports and games category. However, it was found that at the time the petition was heard, the Academic Session for the year in question already commenced from 01.09.2015 and as per the decision of this Court the last date for admission would be 30.09.2015, the High Court considering the decision of this Court in the case Jasmine Kaur (Supra) observed that no direction can be issued to the appellant for grant of admission for the Academic Session 2015-16. However, relying upon the decision of this Court in the case of Jasmine Kaur (Supra), the High Court granted compensation of Rs.5 lakhs. It is required to be noted that the High Court came to a categorical and unequivocal conclusion that the appellant was entitled to get priority. It was also found that the appellant was more meritorious than others on the basis of the marks obtained. However, the High Court denied the admission solely on the ground that time limit has expired. The High Court has relied upon the decision of this Court in the case of Jasmine Kaur (Supra). In the case of Asha (Supra) this Court held that in rarest of rare cases, when the Court returns the finding that (i) no fault is attributable to the candidate; (ii) the candidate has pursued her rights and legal remedies expeditiously and without delay; (iii) where there is fault on the part of the authorities and apparent breach of rules and regulations, an exception may be made to 30th September cutoff date and in an exceptional case the Court can direct for admission even in a case where cutoff date as directed by this Court had expired. As observed hereinabove, the contrary view is taken subsequently in the case of Jasmine Kaur (Supra) and therefore, the matter is referred to a larger Bench to consider the aforesaid issue.
4. Learned Counsel Mr. K. Parameshwar appearing on behalf of the appellant, has vehemently submitted that the present case refers only to cases where (i) no fault is attributable to the candidate; (ii) the candidate has pursued his/her rights and legal remedies expeditiously and without delay; (iii) where there is fault on the part of the authorities and apparent breach of rules and regulations. It is submitted that the relief of admission is being denied because the case has been pending in the relevant Court and the time for admission has expired. It is vehemently submitted by Learned Counsel appearing on behalf of the appellant that even in a case where a candidate is meritorious and though entitled to admission, but denied by the authorities illegally and irrationally and though no fault is attributable to the candidate and the candidate has pursued his/her rights and legal remedies expeditiously and without delay and when there is fault on the part of the authorities and apparent breach of rules and regulations, to deny the admission would be injustice to such a meritorious candidate and punishing him/her for no fault of him/her. It is submitted that it is therefore rightly
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