Case Note & Summary
The case involves a dispute over admission to the first year Post-Graduate Medical Specialty course of MS (General Surgery) for the academic year 2020-2021. The respondent, Mothukuru Sriyah Koumudi, passed her MBBS final year in January 2019 and completed her internship in March 2020. She appeared in the NEET PG 2020 examination and secured All India Rank 93563. She was provisionally allotted a seat in MS (General Surgery) at Kamineni Academy of Medical Sciences and Research Centre (respondent no. 2) under the Management Quota during the Mop-up Phase on 28 July 2020. The provisional allotment required her to report to the college by 4:00 PM on 30 July 2020. The respondent claimed that she visited the college on 29 and 30 July 2020 with her father to submit certificates and pay fees, but the college did not complete her admission. The last date for admission was extended from 30 July 2020 to 30 August 2020 by the Supreme Court. The respondent attempted to meet the college chairman on 7 August 2020 but was not permitted. She then filed a writ petition in the High Court of Judicature at Hyderabad, seeking a declaration that the denial of admission was illegal and a direction to the college to grant her admission. The college filed a counter stating that the respondent did not approach the college on the specified dates and that another candidate (respondent no. 5), who was 2000 ranks below the respondent, was given admission on 11 August 2020. The High Court allowed the writ petition, disbelieving the college's version, and directed the National Medical Commission (appellant) to create an additional seat in MS (General Surgery) and grant admission to the respondent. The High Court also allowed respondent no. 5 to continue his admission. The National Medical Commission appealed to the Supreme Court, primarily challenging the direction to create an additional seat. The Supreme Court upheld the High Court's finding that the college had illegally denied admission to the respondent, noting contradictions in the college's counter affidavit and the fact that the respondent had paid the university fee on 29 July 2020. However, the Supreme Court held that creating an additional seat beyond the sanctioned intake was impermissible as per settled law. The Court noted that the academic year had ended and that the respondent could not be left without remedy. Relying on its earlier decision in S. Krishna Sradha v. The State of Andhra Pradesh & Ors., the Court directed the college to pay compensation of Rs. 10 lakhs to the respondent within four weeks, failing which the amount would carry interest at 12% per annum. The appeal was disposed of accordingly.
Headnote
A) Medical Law - Admission to PG Medical Course - Illegal Denial - Creation of Additional Seat - The High Court directed creation of an additional seat in MS (General Surgery) for the respondent who was illegally denied admission by the college. The Supreme Court held that directions cannot be issued for increasing annual intake capacity and creating seats beyond the sanctioned intake, as per settled law. (Paras 9-10) B) Medical Law - Admission to PG Medical Course - Relief for Illegal Denial - Compensation - The Supreme Court, while upholding the finding of illegal denial of admission, modified the relief by directing the college to pay compensation of Rs. 10 lakhs to the respondent, as the academic year had ended and creating a seat was impermissible. The Court relied on S. Krishna Sradha v. The State of Andhra Pradesh & Ors. (2019) SCC OnLine SC 1609, which held that compensation can be granted in such cases. (Paras 10-12)
Issue of Consideration
Whether the High Court was right in directing creation of an additional seat for granting admission to the respondent after the last date of admission, and what relief should be granted to a student illegally denied admission.
Final Decision
The Supreme Court upheld the High Court's finding that the college illegally denied admission to the respondent. However, it set aside the direction to create an additional seat, holding that it is impermissible to increase sanctioned intake. Instead, the Court directed the college to pay compensation of Rs. 10 lakhs to the respondent within four weeks, failing which the amount will carry interest at 12% per annum. The appeal was disposed of accordingly.
Law Points
- Creation of additional seat beyond sanctioned intake is impermissible
- Compensation as alternative remedy for illegal denial of admission
- Applicability of S. Krishna Sradha to PG courses
