Andhra Pradesh High Court Orders University To Grant Rs. 7 Lakh Compensation For Illegal Denial Of MBBS Seat To Aspirant

The Court allowed a Writ Petition filed by a candidate (Petitioner) who appeared for NEET (UG-2022) seeking admission into the MBBS course under the NCC Female Open Category. The Petitioner alleged that she was denied a medical seat in Narayana Medical College despite being higher in merit, while the fourth Respondent, who was lower in merit and in the NCC category ranking, was allotted a seat.

A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao observed, “The 2nd respondent, despite any number of adjournments being granted, has not produced any material or document to show that Ms. Jakkala Jahnavi was allotted a seat in Narayana Medical College or that she had joined in Narayana Medical College prior to moving to M/s. S. V. Medical College. In the absence of such material, it would have to be held that Ms. Jakkala Jahnavi had moved from Shantaram College directly to M/s. S. V. Medical College. In such circumstances, the allotment of seat to the 4th respondent who was lower down in merit, without allotting the said seat to the petitioner was illegal.”

Advocate G. Priyanka represented the Petitioner, while Standing Counsel Tata Venkata Sridevi appeared for the Respondents.

Brief Facts

The Petitioner, who held a B-Certificate with Grade-A in the 10(A) Naval Unit, NCC Nellore, claimed that she was entitled to admission under the NCC Female Open Category. She asserted that seats were available in Sri Venkateswara Medical College, Narayana Medical College, and Padmavathi Medical College under this category. However, she alleged that the fourth Respondent was granted a seat without proper consideration of merit.

The University of Health Sciences contended in its counter affidavit that one of the students who belonged to the BC-D category was initially allotted an MBBS seat in Narayana Medical College under the local/OC/Female/NCC category. She was later shifted to Sri Venkateswara Medical College under the NCC Category. As a result, the seat vacated in Narayana Medical College was allotted to the fourth Respondent, who also belonged to the BC-D category.

Court’s Reasoning

The Court, in its 2023 Order, had directed the University to clarify the sequence of seat allotments. The University, in an additional counter affidavit filed, reiterated its earlier stance but failed to provide documentary evidence proving that the other student had taken a seat in Narayana Medical College before shifting to Sri Venkateswara Medical College.

The Court held that in the absence of documentary proof there was no evidence of the other student moving directly from Shantaram Medical College to Sri Venkateswara Medical College. Consequently, the allotment of the seat in Narayana Medical College to the fourth Respondent, despite the Petitioner being higher in merit, was declared “illegal.”

Consequently, the Court held. “Accordingly, this Writ Petition is allowed with costs of Rs.25,000/- payable by the respondent-University, to the petitioner, within two weeks, from the date of receipt of this order. We are informed that the petitioner has since joined in a Dental Course. The petitioner has lost the chance to pursue a career in the Medicine on account of the actions of the respondent-University. Though she would be entitled to a seat in Medicine for the course commencing in 2022, it would not be possible to accommodate her as more than two academic years have already passed.”

Accordingly, the High Court allowed the Writ Petition and ordered, “In the circumstances, it would be appropriate to compensate her for her loss by award of damages of Rs.7 lakhs. This amount being payable by the respondent-University.”

Cause Title: Revuru Venkata Asritha v. State of Andhra Pradesh & Ors. (WRIT PETITION No.38795 of 2022)

Appearance:

Petitioner: Advocates G. Priyanka and V.V. Satish

Respondents: Standing Counsel Tata Venkata Sridevi

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