The Supreme Court has referred to a larger bench the issue on whether granting monetary compensation to a meritorious student, who has been denied admission to a course due to the lapses committed either by counselling or administrating authority, is the only possible remedy. A bench of Justices Dipak Misra and R F Nariman said that a judgement delivered on the issue in 2014 by the apex court needs “re-consideration” by a larger bench and directed that the matter be placed before the Chief Justice of India.
The 2014 judgement said that if the seats are filled up and the scope for granting admission is lost due to eclipse of time schedule, then under such circumstances, the candidate can only be granted appropriate compensation to off-set the loss caused, if any.
“In view of the aforesaid, we think the decision in Chandigarh administration (supra) requires re-consideration by a larger bench. Papers be placed before the Chief Justice of India for constitution of the appropriate larger Bench,” the bench said. The Medical Council of India had also supported the 2014 judgement that grant of compensation is the only possible remedy for such students.
The apex court passed the verdict on the appeal filed by S Krishna Sradha who had challenged the Hyderabad High Court order alleging that Dr NTR University of Health Sciences had rejected her candidature for taking admission to first year MBBS course for the academic Session 2015-2016 in Sports and Games quota.
She had claimed in her plea that other candidates were granted admission on “unacceptable grounds” and had sought a direction to the university to consider her case by giving priority over others in Sports and Games quota.