VidhiSangh

Supreme Court of India · 19/09/2022

MAHARISHI MARKANDESHWAR UNIVERSITY AND ANOTHER versus AKRITI SHARMA AND OTHERS

[2022] 13 S.C.R. 1113 · 2022 INSC 984

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Summary

In the mop-up round of MBBS counselling for 2021–22, Maharishi Markandeshwar Medical College filled its vacant Himachal Pradesh state-quota general seats by automatically upgrading three of its own management-quota students under clause 4 of the prospectus. The first respondent, who had higher NEET marks and had applied in the mop-up round, was left out. The High Court held that clause 3 required mop-up seats to go by merit and choice, and that clause 4 applied only to seats left vacant after the mop-up round. It directed a fresh merit list and her admission. The Supreme Court upheld that reading but set aside the admission direction. Admissions had closed, the session was well under way, and admitting her would exceed the sanctioned intake of 150 and oust an unheard student. The college was instead ordered to pay her Rs. 10 lakh in compensation within a month.

Issues

  1. Whether, in the mop-up round, management-quota students could be upgraded to vacant state-quota seats under clause 4 of the prospectus ahead of a more meritorious applicant under clause 3
  2. What relief can be granted to a meritorious candidate wrongly denied MBBS admission once admissions for the session have closed

Held

Result

Appeal partly allowed. The High Court's interpretation of clauses 3 and 4 was affirmed, but its direction to redraw the merit list and admit the first respondent was replaced with a direction to the appellants to pay her Rs. 10 lakh within one month.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 1113.