Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | medical college MBBS Payment of damages Admission Supervisory Committee (ASC) cancelled MBBS admissions fee of Rs.21.65 lakhs paid |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India – Art.32 – Payment of damages – First Respondent-medical college admitted petitioner in the MBBS degree course – Petitioner paid a total fee of Rs.21.65 lakhs to the first respondent – Admission Supervisory Committee (ASC) cancelled MBBS admissions granted by the first respondent due to non-compliance with its orders – Petitioner sought refund of the fees from the first respondent – Pursuant thereto, petitioner received amount of Rs.20 lakhs but remaining amount of Rs.1.65 lakh was not paid – Petitioner claimed that she lost one year of education as a result of the legal proceedings emanating from the cancellation of the admissions granted by the first respondent and sought payment of damages – Held: Inappropriate to quantify damages in present proceedings – Admission and Fee Regulatory Committee had issued a notice to the petitioner, fixing a hearing for the purpose of deciding her claim, amongst the claims of other students – Also, another Bench of the Supreme Court had issued directions by consent requiring first respondent to deposit “double the amount” of “the fees deposited by each one of 150 students” with the college –However, it left the exact quantification of the amount in each case to be determined by the Committee – Moreover, in pursuance of the order, the petitioner has received a notice from the Committee to appear in support of her claim – Thus, any determination in present proceedings of the quantum of damages payable to the petitioner would be contrary to the underlying purpose & object of the order passed by the coordinate Bench – Petitioner directed to pursue her claim before the Committee. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 252 |
Petitioner | Riya George |
Respondent | Kannur Medical College And Ors. |
SCR | [2019] 4 S.C.R. 4 |
Judgement Date | 2019-02-21 |
Case Number | 1247 |
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