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National Medical Commission Vs. Mothukuru Sriyah Koumudi and Ors. - (Supreme Court) (07 Dec 2020)

Admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college

MANU/SC/0922/2020

Education

The Respondent no. 1 had applied for postgraduate course in surgery at the Respondent no. 2 after securing a rank in National Eligibility cum Entrance Test (NEET), 2020. Aggrieved by the denial of admission to 1st year Post-Graduate Medical Specialty course of MS (General Surgery) for the academic year 2020-2021, the Respondent No. 1 filed a Writ Petition in the High Court. The High Court allowed the Writ Petition and directed the Appellant-National Medical Commission/Medical Council of India to create or sanction one seat in MS (General Surgery). A further direction was given to Respondent No. 2- Kamineni Academy of Medical Sciences and Research Centre, Hyderabad to grant admission to the Respondent No. 1 in MS (General Surgery) course. The judgment of the High Court is challenged in the above Appeal.

The question that arises for consideration is whether the High Court was right in directing creation of a seat for this academic year for granting admission to Respondent No. 1.

It has been repeatedly held by present Court that, directions cannot be issued for increasing annual intake capacity and to create seats. The annual intake capacity is fixed by the Medical Council of India (now National Medical Commission) which has to be strictly adhered. Admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college as has been repeatedly held by this Court.

The next point that arises for consideration is whether Respondent No. 1 can be left high and dry in spite of having suffered due to the illegal action of Respondent No. 2-College in denying admission to her.

Present Court in Krishna Sradha v. The State of Andhra Pradesh and Ors. had occasion to consider the nature of relief to be granted to a student after the last date of admissions in case it is found that he or she was denied admission illegally. Directions issued in Krishna Sradha v. The State of Andhra Pradesh and Ors. can be made applicable to admission to Post Graduate Courses as well.

Respondent No. 2-College adopted unfair means to deprive Respondent No. 1 admission to PG course. Respondent No. 1 has lost one precious academic year for no fault of hers for which she has to be compensated by way of an amount of Rs. 10 Lakhs to be paid by Respondent No. 2- College within a period of four weeks. Furthermore, Respondent No. 1 is entitled for admission to the MS (General Surgery) course in the next academic year 2021-22 and shall be given admission in a seat allocated to Respondent No. 2-College. The Appeal is disposed off with the above directions.

Tags : DIRECTION   ADMISSION   LEGALITY  

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