Summary
The Court left a medical student’s compensation claim for loss of an academic year to the committee already examining refunds under earlier Supreme Court orders. Although her failure to disclose settlement and withdrawal documents was unsatisfactory, the Court declined to dismiss the petition. It recognised her entitlement to the benefit of the earlier refund principle and directed expeditious committee adjudication, preserving the parties’ rights and contentions.
Issues
- Whether nondisclosure of settlement and withdrawal documents warranted dismissal of the compensation petition.
- Whether the Court should quantify damages while the committee proceedings under coordinate-bench orders remained pending.
Held
- A writ petitioner must disclose material facts fully, fairly and candidly. The settlement documents and withdrawal of earlier claims were material; allegations that they were obtained under duress did not excuse their omission from the pleadings. (¶¶ 21, 22, 23, 24)
- Although such nondisclosure would ordinarily justify dismissal, the Court declined that course in view of the student’s circumstances and the committee proceedings already available to her. (¶ 25)
- The earlier coordinate-bench orders prescribed refund of double the fees deposited and entrusted individual quantification to the committee. A separate monetary determination in this petition would affect that process and conflict with its underlying purpose. (¶¶ 17, 18, 19, 26)
- The student was entitled to compensation for the valuable academic year lost through the college’s misconduct. The committee’s finding that withdrawal of the earlier claim was involuntary, driven by the urgent need for a refund, supported application of the earlier orders to her. (¶ 27)
- Judicial discipline required following the committee route. She could pursue her claim under the earlier orders, with a decision requested within three months of receipt of the certified judgment; all rights and contentions remained open. (¶¶ 27, 28)
Result
Writ petition disposed of with liberty to pursue the claim before the committee and a request for decision within three months. No separate damages quantified; no order as to costs.