Summary
Answering a reference concerning wrongful denial of MBBS admission to a diligent, faultless and more meritorious candidate, the Court held that compensation need not be the sole remedy after the admission cutoff. It permitted narrowly defined restitutionary admission relief in the same or following academic year, with safeguards and time limits. Contrary decisions including Jasmine Kaur were overruled to that extent; postgraduate medical admissions were expressly excluded.
Issues
- Whether compensation was the sole relief after expiry of the MBBS admission cutoff.
- What exceptional admission relief and safeguards could protect a faultless candidate who promptly pursued remedies.
Held
- Equal and fair treatment requires effective restitution where a meritorious candidate is unlawfully denied admission without fault and promptly approaches the court. Compensation may supplement restitution but cannot invariably replace it. Such proceedings should receive priority. (¶¶ 8, 8.1, 8.2, 9)
- In exceptional circumstances and the rarest cases satisfying the stated conditions, same-year admission may be ordered by increasing seats by no more than one or two. Such relief must be within one month of the 30 September cutoff and never beyond 30 October. Cancellation of the affected bottom-ranked admission requires an opportunity of hearing. (¶ 9)
- If same-year relief is unavailable, a court may mould next-year admission relief through appropriate seat directions. Where management wrongly denied admission, adjustment may be made against its quota. Compensation may additionally address loss of an academic year. (¶ 9)
- These directions concern MBBS alone, not postgraduate courses. Asha was affirmed to this extent and Jasmine Kaur and other contrary decisions were overruled. (¶¶ 9, 10)
Result
Reference answered by permitting exceptional restitutionary MBBS admission relief under the specified conditions and limits, with compensation as an additional remedy. Asha affirmed to that extent; Jasmine Kaur and contrary decisions overruled. No individual admission direction was made in this reference judgment.