NDLI: S. Krishna Sradha Vs. The State of Andhra Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Education/Educational Reservation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Reference Answered
Headnote	Education/Educational Reservation – Admission into MBBS Course – Claiming reservation in the sports and game category for admission into MBBS Course, the appellant submitted necessary material – Denied due priority in admission – Immediately approached the High Court – High Court in view of the decision of Supreme Court in Jasmine Kaur case observed that no direction can be issued to the appellant for grant of admission for the Academic Session 2015-16 however, granted compensation of Rs.5 lakhs – Issue as to whether a student/meritorious candidate, for no fault of his/her and who pursued his/her legal right expeditiously without delay, can be denied admission as relief, because the cut-off date of 30th September has passed – If compensation is the only relief which can be given by the Court – Conflict between the decision of Supreme Court in Asha v. Pt. B.D. Sharma UHS and Chandigarh Admn. v. Jasmine Kaur – Issue referred to larger Bench – Held: Under exceptional circumstances, if the court inter alia finds that there is no fault attributable to the candidate and the candidate pursued his/her legal right expeditiously without any delay, the fault is only on the part of the authorities and, if the time schedule prescribed- 30th September, is over, to do complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the 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 30th September, i.e. cut off date – Under no circumstances, the Court shall order admission in the same year beyond 30th October – In such an eventuality, the Court may also pass an order cancelling the admission given to the candidate at the bottom of the merit list of the category however, after giving an opportunity of hearing – In case no relief of admission can be granted to a candidate in the very academic year, the court can mould the relief and direct the admission to be granted in the next academic year by directing to increase the number of seats as considered appropriate in the case– In such eventuality, if the management was found at fault, the Court may direct to reduce the number of seats in the management quota of that year– Grant of compensation could be additional remedy but not substitute for restitutional remedies – Decision in Jasmine Kaur case or any other decisions contrary to the above stand overruled while, that in the case of Asha is affirmed to the aforesaid extent – Constitution of India – Arts.14, 19, 21.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 1362
Petitioner	S. Krishna Sradha
Respondent	The State Of Andhra Pradesh & Ors.
SCR	[2019] 15 S.C.R. 93
Judgement Date	2019-12-13
Case Number	1081

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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