Educational institutions must adhere to merit-based admission principles and cannot impose arbitrary requirements that hinder applicants' rights; compensation may be awarded for wrongful denial.

JUDGMENT :

ANU SIVARAMAN, J.

The prayers in the Writ Petition are as follows:

"a) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 6^th and 7^th Respondents to comply with the undertaking given as per the letter at Annexure-L dated 11/10/2017 and allot MBBS seat to the petitioner in the Sri Siddhartha Medical College (the constituent college of the 6^th Respondent) for the academic year 2018- 2019 free of cost without any fees for the entire course of 4 1/2 years in the event of her qualifying for admission in NEET-2018 and/or in the alternative, to extend the same benefit by sponsoring the medical education of the Petitioner by paying the entire MBBS course fees in any other Medical College in Karnataka in which the Petitioner may get a MBBS seat for the academic year 2018-19 based on her NEET-2018 ranking; and

b) Call for the records of the counseling conducted by the 6^th Respondent on 01.09.2017 in respect of admission to the 1^st Year MBBS course for the academic year 2017-18; and

c) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 1^st and 2^nd Respondents to conduct a COD Inquiry into the entire process of counseling conducted by the 6^th Respondent for admission to 1^st MBBS Course in the Sri Siddhartha Medical College for the academic year 2017-18 and to take appropriate action based on the report of the COD; and

e) Issue a Writ of Mandamus or any other appropriate Writ, order or Direction, directing the 5^th Respondent to conduct an inquiry into the counseling and admissions done by the 6^th Respondent for the academic year 2017-18 for MBBS course and withdraw the recognition/approval granted to the Sri Siddhartha Medical College, Tumakuru (constituent college of the 6^th Respondent); and

f) Direct the 6^th and 7^th Respondents to pay damages of Rs.500,00,000/- (Rupees Five Crores only) to the Petitioner for illegally denying her the medical seat for admission to 1^st MBBS course for the academic year 2017-18 in the counseling conducted by the 6^th Respondent on 01.09.2017."

2. We have heard Shri. Ajoy Kumar Patil, learned counsel appearing for the petitioner, Shri. Sudev Hegde, learned Additional Government Advocate appearing for respondents No.1 and 2, Shri. Madanan Pillai, learned Central Government Counsel appearing for respondent No.3, Shri. N. Khetty, learned counsel appearing for respondent No.5, Shri. Chandrakanth. R Goulay, learned counsel appearing for respondent No.6 and Shri. Prasanna Kumar, learned counsel appearing for proposed respondent No.8.

3. It is submitted by the learned counsel appearing for petitioner that the petitioner having secured All India Rank 195911 in NEET-2017 participated in the counseling conducted by respondent No.6 - 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 respondent No.6 and a DD dated 01.09.2017 of Rs.15,65,750/- towards first year fees. Neither the petitioner was given an acknowledgment nor an allotment letter, but orally assured admission. On 05.09.2017, the petitioner was informed by the Principal of the college that a Bank Guarantee for the balance course fees was required. The petitioner submitted a Bank Guarantee of Rs.52,50,000/- on 08.09.2017, howeve