M.R.SHAH,J. - (1.) The issue arises for consideration is whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cutoff date of 30 th September has passed. In such a situation the relief which can be given by the Court is to grant appropriate compensation
(2.) Having noticed the conflict between the pronouncement of this Court in Asha vs. Pt. B.D. Sharma UHS, (2012) 7 SCC 389 and Chandigarh Admn. vs. Jasmine Kaur, (2014) 10 SCC 521 the aforesaid issue is referred to a larger Bench.
(3.) At the outset, it is required to be noted that in the present case, in spite of submitting the necessary material in support of the claim of the appellant for reservation in the sports and game category for admission into MBBS Course, she was denied due priority in admission into MBBS Course. Therefore, the appellant immediately approached the High Court seeking admission in the reserved quota of sports and games category. However, it was found that at the time the petition was heard, the Academic Session for the year in question already commenced from 01.09.2015 and as per the decision of this Court the last date for admission would be 30.09.2015, the High Court considering the decision of this Court in the case Jasmine Kaur (Supra) observed that no direction can be issued to the appellant for grant of admission for the Academic Session 2015-16. However, relying upon the decision of this Court in the case of Jasmine Kaur (Supra), the High Court granted compensation of Rs.5 lakhs. It is required to be noted that the High Court came to a categorical and unequivocal conclusion that the appellant was entitled to get priority. It was also found that the appellant was more meritorious than others on the basis of the marks obtained. However, the High Court denied the admission solely on the ground that time limit has expired. The High Court has relied upon the decision of this Court in the case of Jasmine Kaur (Supra). In the case of Asha (Supra) this Court held that in rarest of rare cases, when the Court returns the finding that (i) no fault is attributable to the candidate; (ii) the candidate has pursued her rights and legal remedies expeditiously and without delay; (iii) where there is fault on the part of the authorities and apparent breach of rules and regulations, an exception may be made to 30 th September cutoff date and in an exceptional case the Court can direct for admission even in a case where cutoff date as directed by this Court had expired. As observed hereinabove, the contrary view is taken subsequently in the case of Jasmine Kaur (Supra) and therefore, the matter is referred to a larger Bench to consider the aforesaid issue.;