Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education – Admission in foreign country |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education – Admission in foreign country – Course abolished by the country – Liability of appellant-facilitator – Respondent approached the appellant for seeking admission in Philippines to the MBBS course – Admission was secured in the college for the academic year 2007-2008 – Responded joined the college- By resolution dated 22.09.2008, the Republic of Philippines approved to abolish the MBBS programme from the school year 2008-2009 and made it applicable to students who got admitted for the year 2007-2008 – The students who already got admitted under MBBS Course were offered an alternative course – Respondent did not accept the offer and came back to India and lodged the complaint against the appellant – All forums below, including the NCDRC rejected the appellant’s submission that it has no liability and asked to pay $1200, apart from compensation and costs – Appellant approached the Supreme Court and submitted that appellant is only a facilitator and it has no control over the policy decision of the Republic of Philippines – Held: Appellant played no role in policy decision of Republic of Philippines – The role of appellant stopped when the admission of respondent was secured – The appellant cannot be considered a part of the Republic of Philippines or the office of Commission on Higher Education for the policy decision making, therefore no vicarious liability can be fastened on appellant – Orders passed by lower forums were set aside – Complaint dismissed – Appeal allowed. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2022 INSC 698 |
Petitioner | Hcmi Education |
Respondent | Narendra Pal Singh |
SCR | [2022] 13 S.C.R. 86 |
Judgement Date | 2022-07-11 |
Case Number | 2481 |
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