Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Admissions - MBBS Course - Wrongful deprivation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Admissions - MBBS Course - Wrongful deprivation of admission - Duty of constitutional courts u/Arts. 32, 136 and 226 - Re-consideration of decision in Jasmine Kaur's case holding grant of monetary compensation as the sole remedy for non-admission after lapse of prescribed time schedule when such lapse was a result of faults committed by the counseling administering authority - Held: Meritorious students should not face any impediment to get admission for some fault on the part of the institution or the persons involved with it - He/She has no other remedy but lo approach the Court for getting redressal of grievances - It is a grievance that pertains to fundamental right - When a lis of this nature co111es in a constitutional court, it becomes the duty of the court to address whether the authority had acted within the powers conferred on it or deviated from the same as a consequence of which injustice has been caused to the aggrieved person - Redressal of a fundamental right cannot be weighed in terms of grant of compensation only - Grant of compensation may be an additional relief - Compensation cannot be the adequate or sole remedy for the wrongful deprivation of admission, as it affects the academic career of a student - Decision in Jasmine Kaur's case requires re-consideration by a larger Bench-Maxims - "Lex non intend it aliquid impossibile" - Doctrines/ Principles - Doctrine of restitution. Admissions - MBBS Course - Appellant denied admission to MBBS course in sports quota despite being more meritorious than the selected candidates - High Court placing reliance on Jasmin Kaur's case denied benefit of admission to appellant and granted compensation on the ground that the cut-off date for admission had expired, though, holding that appellant was entitled to getpriority and there were lapses on part of various authorities involved - Held:·Appellant-student approached the Court u/Art.226 in quite promptitude and there was no delay laches on her part and did not fault in complying with procedure prescribed under the rules meant for the process of admission - Appellant directed to be admitted - Constitution of India - Arts.14 and 21. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1301 |
Petitioner | S. Krishna Sradha |
Respondent | State Of Andhra Pradesh And Ors. |
SCR | [2017] 2 S.C.R. 466 |
Judgement Date | 2017-01-19 |
Case Number | 1081 |
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