Madras HC Directs Private Medical Colleges & CENTAC To Pay 15 Lakhs Each To 16 Doctors For Illegally Denying PG Admission
The Madras High Court directed four private medical colleges in Puducherry and the Union Territory's Centralised Admission Committee (CENTAC) to pay a compensation of ₹15 lakh each to 16 doctors who were illegally denied post-graduate seats during the 2017-18 medical admissions scam.
In that context, the Bench of Justice R Subramanian and Justice R Kalaimathi said that, "We fix the compensation payable at Rs.15,00,000/- each and the same is to be paid at Rs.10,00,000/- by the Institute to which that student was allotted and Rs.5,00,000/- by the CENTAC."
Counsel D Ravichander and Counsel VBR Menon appeared for the appellants, while AGS R Sreedhar appeared for the Government. Counsel Shubaranjani Ananth appeared for the MCI. Senior Counsel P Wilson and Counsel Richardson Wilson appeared for the respondent
In this case, amidst confusion surrounding the PG medical seat admission process following the introduction of NEET by the Union government in 2017, numerous instances of illicit admissions to private colleges in Puducherry surfaced. A CBI investigation revealed that government officials, private colleges, and CENTAC members misused their positions, deceiving genuine students by denying admission to CENTAC-sponsored candidates and admitting others for hefty fees. The Medical Council of India annulled admissions for several students, instructing private colleges to discharge those admitted unlawfully.
In October 2020, a Single Judge of the High Court rejected petitions from 64 students challenging their discharge orders. Despite interim reliefs during the proceedings, they completed their postgraduate degrees.
The Division Bench of the High Court was hearing appeals from 28 of these students and petitions from 18 meritorious CENTAC-sponsored students seeking admission and monetary compensation due to denial of admission.
The Bench held that since all the students before the Court had already completed their post graduate degrees, the prayer made by the 18 students seeking admission was no longer enforceable. In that vein, it was said that, "Of course the fact that these students, who have been discharged, have completed their course and also acquired the knowledge, we cannot take back the knowledge acquired by them. It is on this point the argument based on sympathy often succeeds and we end up in legalizing illegalities. A beginning has to be made to end this practice".
The Court dismissed the appeals, while holding that, "these admissions are illegal. Once it is found that the admissions are illegal, the fact that the students were allowed either to continue the Course or to appear for examinations does not matter. In the case on hand each and every one of the appellants viz. the students have filed affidavits undertaking that they will not claim equity while securing the interim orders. We are therefore not enamoured by the argument based on sympathy."
Cause Title: Dr. Dhanush C M L vs The National Medical Commission & Ors.
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