S. NIHAAL AHAMED Vs. THE DEAN, VELAMMAL MEDICAL COLLEGE HOSPITAL AND RESEARCH INSTITUTE AND ORS.
LAWS(SC)-2015-9-109
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on September 30,2015

S. Nihaal Ahamed Appellant
VERSUS
The Dean, Velammal Medical College Hospital And Research Institute And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) All these appeals have been preferred against the common judgment dated 25.9.2014 passed by the Madurai Bench of Madras High Court in Writ Appeal (MD) Nos. 794, 898, 921 and 923 of 2014.
(3.) The facts are briefly as follows: The Appellants passed Higher Secondary examination in March 2013 and submitted application for admission to M.B.B.S. Course to the Consortium of Tamil Nadu Private Professional Colleges Association, affiliated to the Tamil Nadu Dr. M.G.R. Medical University which is one of the Respondents herein, and both of them had preferred the same Private Medical College which is also one of the Respondents herein, as their first choice. On 23.9.2013 results were published in which Appellant-Nihaal Ahamed was placed in Rank No. 731 and Appellant-Gayathri in Rank No. 551 in the merit list. According to them, they went to the Respondent-Medical College on 24.9.2013 and sought admission and they were directed to come after 26.9.2013. Both of them made complaints against Respondent-Medical College to the Monitoring Committee which is one of the Respondents herein and the said Committee called for remarks from the Medical College. Meanwhile the Respondent-Medical College drafted letters dated 24.9.2013 addressed to both the Appellants which were posted on 29.9.2013 directing them to appear for counselling on 26.9.2013. The Appellants received the said letters on 1.10.2013 and 30.9.2013 respectively and immediately approached the Respondent-Medical College to allot seats and same was refused on the ground that they did not approach them within the stipulated time. Both the Appellants filed independent writ petitions on the file of the Madurai Bench of Madras High Court seeking for issuance of writ of mandamus to direct the Respondent-Medical College to admit them in the first year M.B.B.S. Course for the academic year 2013-14 in their college. Learned Single Judge heard both the writ petitions and by common order held that the Appellants-writ Petitioners were not entitled for admission in the M.B.B.S. Course and on the other hand they are each entitled to a sum of Rs. 3 lakhs as compensation payable by the Respondent-Medical College within a period of 8 weeks. Challenging the denial of relief of admission, both the Appellants preferred independent writ appeals and challenging the grant of compensation, the Respondent-Medical College preferred two writ appeals. The Division Bench affirmed the view of the learned Single Judge that the Appellants were not entitled for the admission in the M.B.B.S. Course and dismissed the writ appeals preferred by them. It further held that the Appellants are not entitled for compensation and allowed the writ appeals preferred by the Respondent-Medical College. Aggrieved by the same, Appellants have preferred the present appeals.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.