Prioritise cases where students move courts expeditiously in medical admission matters, Supreme Court

The Supreme Court on Friday held that when a meritorious student moves a Court expeditiously in relation to matters concerning college admission, the Court must give priority to such a case..A three-Judge Bench of the Supreme Court of Judges Arun Mishra, MR Shah, and BR Gavai was answering a reference in case involving a meritorious student who had approached the Court for an admission dispute without delay. If such a student is denied admission on account of no fault of theirs, what would be the relief that the Court can grant, was the issue for consideration before the Bench..The Court said that in such matters, the Courts shall make all the efforts to ensure that the case is disposed of at the earliest. The judgment written by Justice MR Shah states,.“.. in a case where candidate/student has approached the court at the earliest and without any delay and that the question is with respect to the admission in medical course all the efforts shall be made by the concerned court to dispose of the proceedings by giving priority and at the earliest.”.The Court was answering a reference made on account of two conflicting opinions in judgments of Asha vs. Pt. B.D. Sharma UHS and Chandigarh Admn. vs. Jasmine Kaur..In the instant case, the Court was dealing specifically with the case where there was no fault attributable to the candidate, the legal right was exercised expeditiously and well within time, and that there was an apparent breach of rules by the authorities..The appellant in the case had approached the High Court after she was denied admission by the medical college in the sports quota under which she had applied. She was, however, denied admission because the case remained pending before the Court and the final cut-off date for admission had lapsed..The High Court had relied upon the judgment in Jasmine Kaur to hold that admission could not be granted since the academic year had begun, although an award of Rs 5 lakhs compensation was directed. While the High Court had arrived at the conclusion that the appellant was entitled to be given priority under the quota she had applied for, admission was denied solely on the grounds that the admission time cut-off had lapsed..The opinion taken by the Court earlier in the case of Asha, however, was that when no fault can be attributed to the student, the Court may, in rare cases, direct for admission to be granted, despite the lapse of the time limit. This view was contrary to the judgment in the Jasmine Kaur case, which led to the reference before a larger Bench..The three-judge Bench of the Supreme Court has now also held that in exceptional cases, the Court may direct for the admission to be granted in the same year within a reasonable time. However, the same shall be done only in exceptional and rare cases. The Court adds,.“In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled.”.If the Court, however, has concluded that relief in the same year cannot be granted, then a direction may be passed for the student to be accommodated in the next year through appropriate orders, the Supreme Court said..Further it held that the compensation to be awarded can be an additional relief but cannot be a substitute to restitutive remedy..The Court concluded with a clarification that this decision applies to admission in MBBS courses and that Post Graduate Medical Courses have not been dealt with by this judgment..[Read Judgment]