College told to pay Rs.10 lakh compensation to candidate

The Madras High Court on Friday directed a private medical college at Mangadu, near here, to pay Rs.10 lakh compensation to a candidate who was denied admission to MBBS on the ground that she did not reach the college before 5 p.m. on September 30 last year to pay the fees. It also asked the college to pay her Rs.50,000 as litigation expenses within two weeks.

This case is a classic example of how a private medical college like the fourth respondent, Sri Muthukumaran Medical College, deprived a genuine candidate of admission for unlawful gain, the First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, observed in its judgment on an appeal filed by the candidate.

S. Kiruthika of Thanjavur, belonging to the backward community, was allotted a seat in the MBBS course in the private college under the government quota.

On September 30, she left Thanjavur by car. The vehicle met with an accident and she could reach the college only at 5.45 p.m. She was not given admission on the ground that she did not reach the college before 5 p.m.

The Bench said considering all the facts, it was clear that the only purpose of denial of seat was to get the seat reverted to the management quota and accommodate candidates as per the college's choice and on receipt of fee or donation as fixed by the college. Such procedure for reverting back government quota seat under the management quota on the same day after 5 p.m. and admitting candidates under the management quota was highly illegal, arbitrary, malicious and unjustified.

“Although such practices are prevalent in unaided medical colleges in the country, especially in the State of Tamil Nadu, where there is a mushroom growth of private medical and engineering colleges, which has become a business, the Medical Council of India is not taking any action against those medical colleges.”

This was a heart-burning case where a girl after securing the highest mark, that is, 1,137 out of 1200, was allotted a seat in MBBS course under the government quota in the second counselling, but was denied admission only because of her late arrival. The girl's career had been ruined because earlier she got admission in BDS course in a private college wherefrom she obtained TC and other documents to join MBBS course.

The mala fide of the private medical college was manifestly apparent. Prima facie, the girl's admission under the government quota was deliberately denied, as also her request for admission under the management quota, so that candidates under the management quota could be accommodated on extraneous consideration.

It was a fit case where the appellant should be adequately compensated. She was entitled to join BDS course in the college where she originally studied, if the seat remained vacant. She was also entitled to appear in the next selection for MBBS/BDS course for 2011-12, the court said.

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Printable version | Jan 17, 2022 10:44:00 AM |

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