CHENNAI: What happens to students if their admission is cancelled by a college even though they were not at fault? They can be awarded compensation, but not granted admission because of "lapse of time," said the Supreme Court, agreeing with an earlier verdict of the Madras high court. It also upheld the award of 3 lakh as compensation to two students, who, despite being in the merit list of a private medical college, were denied admission.
In March 2013, Nihaal Ahamed and Gayathri submitted applications for admission in MBBS course to Tamil Nadu Private Professional Colleges Association affiliated to Tamil Nadu Dr MGR Medical University. They preferred Velammal Medical College Hospital and Research Institute. After the results were announced on September 23, 2013, they went to the college the next day. As they were directed to come after three days, the students complained against the college to the admission monitoring committee which in turn asked the college to submit its reply.
The college then drafted letters dated September 24, 2013—which were posted only on September 29, 2013—asking the students to appear for counselling on September 26, 2013. After receiving the letters, the students immediately approached the college only to be refused admission on the ground that they failed to appear on the stipulated day. The students then moved the Madras high court (Madurai bench). A single judge order said though the students were not eligible for admission, the college had to pay them a compensation of 3 lakh each. After another round of litigation, a division bench set aside the court's earlier order to award compensation.
Ahamed and Gayathri then filed an appeal in the Supreme Court challenging the denial of admission. Counsel for the students said the college had "malafide intention" and resorted to sending "ante-dated letters" to "wriggle out of the complaint" filed by the students. Denying this, counsel for the college said the letters were sent only after orally instructing the students to appear on the stipulated date.
The bench, however, set aside the division bench's verdict rejecting payment of compensation and directed the college to pay the compensation within eight weeks.
In March 2013, Nihaal Ahamed and Gayathri submitted applications for admission in MBBS course to Tamil Nadu Private Professional Colleges Association affiliated to Tamil Nadu Dr MGR Medical University. They preferred Velammal Medical College Hospital and Research Institute. After the results were announced on September 23, 2013, they went to the college the next day. As they were directed to come after three days, the students complained against the college to the admission monitoring committee which in turn asked the college to submit its reply.
The college then drafted letters dated September 24, 2013—which were posted only on September 29, 2013—asking the students to appear for counselling on September 26, 2013. After receiving the letters, the students immediately approached the college only to be refused admission on the ground that they failed to appear on the stipulated day. The students then moved the Madras high court (Madurai bench). A single judge order said though the students were not eligible for admission, the college had to pay them a compensation of 3 lakh each. After another round of litigation, a division bench set aside the court's earlier order to award compensation.
Ahamed and Gayathri then filed an appeal in the Supreme Court challenging the denial of admission. Counsel for the students said the college had "malafide intention" and resorted to sending "ante-dated letters" to "wriggle out of the complaint" filed by the students. Denying this, counsel for the college said the letters were sent only after orally instructing the students to appear on the stipulated date.
The bench, however, set aside the division bench's verdict rejecting payment of compensation and directed the college to pay the compensation within eight weeks.
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