“Directions issued in S. Krishna Sradha case (supra) can be made applicable to admission to Post Graduate Courses as well”, this remarkable stand was forwarded by the Honorable SC in the Miscellaneous appeal case of National Medical Commission V. Mothukuru Sriyah Koumudi & Ors., [Civil Appeal No. 3940 of 2020], chaired by Hon’ble Justice Mr. L.Nageswara Rao and Hon’ble Mr. Justice Hemant Gupta. The bench in this present case has
Respondent 1 completed her 5 years MBBS course in 2019, after giving her final exams. She successfully completed her compulsory rotary internship by 27.03.2020. There after she appeared in the NEET examinations where she ranked 93563. The Respondent No.1 was called for counselling and was given provisional admission to the MS (General Surgery) course in the Mop-up Phase (MQ)- P3 on 28.07.2020 and was allotted to the Respondent No.2- College under Management Quota. According to the provisional allotment order, Respondent No.1 was required to report before the Principal of Respondent No.2-College by 04:00 PM on 30.07.2020.
In spite of her presence in Respondent No. 2-College, the admission of Respondent No.1 was not completed. On 30.07.2020, the last date for admission into PG Medical Courses was extended till 30.08.2020 pursuant to the directions issued by this Court. Respondent No.1 made an attempt to meet the Chairman of Respondent No.2- College on 07.08.2020. However, she was not permitted to meet the Chairman. Having left with no other alternative, Respondent No.1 filed a Writ Petition for seeking a declaration that denial of admission to her in the PG Medical Course for the academic year 2020-2021 as illegal. Respondent No. 1 also sought a direction to Respondent No.2-College to grant admission in MS (General Surgery).
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 of Judicature at Hyderabad for the State of Telangana. The High Court allowed the Writ Petition and delivered its decision in favor of the petitioners. The HC 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.
After examining all the submissions, arguments and evidences forwarded by the councils, the Hon’ble SC observed that, “As the last date for admissions for the present academic year is 30.08.2020, we are not inclined to grant admission to Respondent No.1 for this academic year. Even if the admission of Respondent No.5 is cancelled as having not been in accordance with the Regulations, it would not be of any use to Respondent No.1 or to any other eligible candidate. Furthermore, the High Court is right in holding that Respondent No.5 might not have known about the denial of admission to Respondent No.1 illegally.”
The bench further added that, “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 from today. 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.”
In lieu of the above made considerations and observations, the bench in this present disposed the appeal with the direction that, “one seat in MS (General Surgery) course from the Management Quota of Respondent No.2-College for the next academic year (2021-22) shall be granted to Respondent No.1.”
