The Supreme Court on Monday(07/12/2020) ordered a medical college in Telangana to pay compensation of Rs. 10 lakh to an MS Surgery course aspirant for illegally denying her admission to the college (National Medical Commission v. Mothukuru Sriyah Koumudi).
The bench comprising of Justice L. Nageswara Rao and Hemant Gupta also observed that one seat in MS (General Surgery) course from the Management Quota of Kamineni Academy of Medical Sciences and Research Centre for the next academic year (2021-22) shall be granted to Mothukuru Sriyah Koumudi.
In this instant case, the medico had submitted in her petition that she had scored 327 marks in the NEET PG 2020. During PG Medical counselling, she was given provisional admission to the MS (General Surgery) course and was allotted to Kamineni Academy of Medical Sciences and Research Centre, Hyderabad under Management Quota. Then, she was asked to report before the college on July 29 or 30, the latter being the last date for admission.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
According to the PG medical aspirant, she approached the medical College along with her father those days for submission of certificates and payment of tuition fees as well as college fees. In spite of her presence in College, the admission was not completed.
In the meanwhile, the last date for admission into PG Medical Courses was extended till 30.08.2020 pursuant to the directions of the apex court. Although she made an attempt to meet the Chairman of the College on 07.08.2020, she was not permitted to meet him. Later another candidate, who was below her in the merit list was granted admission.
Join our Social Feeds for Daily Quizzes & More Here
Having left with no other alternative, the medico filed a Writ Petition before the HC seeking to declare the denial of her admission in the PG Medical Course for the academic year 2020-2021, as illegal. The High Court allowed the Writ Petition and directed the National Medical Commission ( erstwhile Medical Council of India) to create or sanction one seat in MS (General Surgery). A further direction was given to Kamineni Academy of Medical Sciences and Research Centre, Hyderabad to grant admission to her in PG medical course.
Challenging this order, the NMC then approached the apex court arguing that the direction given for the creation of a seat is contrary to the law laid down by SC.
The Supreme Court agreed with the High Court that the college was indeed at fault for not having completed the admission formalities.
The court in its judgment said "The manner in which Respondent No.2-College acted in depriving admission to Respondent No.1 and giving admission to Respondent No.5 s deplorable. The managements of the medical colleges are not expected to indulge in such illegalities in making admissions to medical courses.
The Court, however, went on to add that the additional seats cannot be created in the manner that was done by the High Court.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
The apex court said that the annual intake capacity is fixed by the MCI (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, it added.
The Court, therefore, ordered that Koumudi be granted admission next academic year.
"One seat in MS (General Surgery) course from the Management Quota of the concerned medical College for the next academic year (2021-22) shall be granted to appellant," the bench ordered.
0 Comments