Madras HC orders Rs 15 lakh compensation each to 16 students for denying PG medical seats

PUDUCHERRY: The Madras high court has directed four medical college and hospitals in Puducherry, including deemed universities, to pay a compensation of Rs 10 lakh to each of the 16 candidates for failing to admit him into the postgraduate medical programme even after they were allotted seats by the admission committee. The court also asked the centralised admission committee (Centac) to pay Rs 5 lakh to each candidate for inaction.

On November 9, while passing the order the bench, comprising Justice R Subramanian and Justice R Kalaimathi cited a cited a similar case between Dr P Sidharthan against the Puducherry government.

In October, the same bench had ordered the Pondicherry Institute of Medical Sciences (Pims) to pay Rs 10 lakh for rejecting the MS seat to the government doctor Dr P Sidharthan. Centac was also asked to pay Rs five lakh for its inaction, despite having been informed about the plight of the petitioner.

“…we have considered similar situation and we have awarded compensation of Rs 15 lakh and apportioned it between the institution and Centac at Rs 10 lakh and Rs five lakh respectively,” said the bench.

The four medical colleges include Mahatma Gandhi Medical College and Research Institute, Aarupadai Veedu Medical College, Vinayaka Missions Medical College and Sri Venkateswara Medical College and Research Institute. These colleges had rejected the candidates and filled the vacancies with 16 other students.

The bench said the students, who joined the postgraduate medical course, have been discharged by the MCI (now NMC). “…these students, who have been discharged, have completed their course, and 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 legalizing illegalities. A beginning has to be made to end this practice…,”said the bench.

The bench while citing a Supreme Court’s order said ‘such sympathy would be misplaced sympathy’. “…sympathy cannot be a factor and the court should not embarrass academic authorities by legalizing illegal action,” said the bench.