Home Minister’s college told to pay ₹15 lakh compensation for cheating student of MBBS seat

The High Court of Karnataka has directed Home Minister G. Parameshwara-headed Sri Siddartha Academy of Education (SSAHE), Tumakaru (a deemed to be university), to pay a compensation of ₹15 lakh to a student for not admitting her to MBBS course in its medical college in the academic year 2017-18.

“Granting a seat in MBBS course to a less meritorious candidate was per se arbitrary and illegal, and cannot be excused under any circumstances,” said a division bench comprising Justice Anu Sivaraman and Justice Manmadha Rao in its recent order on a petition filed by in 2018 by Sanjana V. Tumkur.

Being a deemed university, SSAHE was authorised to conduct its own counselling to admit students to MBBS course based on NEET rank. SSAHE had allotted a seat to the petitioner who had paid ₹15.65 lakh as fee for the first year as prescribed, while submitting original educational certificates.

After this, the college had told her that she had to get a bank guarantee for the amount of fee that she has to pay for the remaining years of the course.

When she went to submit the bank guarantee, the officials of SSAHE told her that admissions were over, and the list of admitted candidates had already been sent to the Medical Council of India, without her name.

Her advocate Ajoy Kumar Patil had contended that amongst the list of admitted candidates, all those below serial number 15 were less meritorious than the petitioner.

While acknowledging their error, the SSAHE authorities had offered a free medical seat under management quota in the year 2018-19, but did not honour their assurance even though she qualified for the MBBS course in 2018.

As a result, she had to secure a seat under management quota in another college by paying a hefty fee.

Meanwhile, SSAHE disputed the assurance of a free seat, which was given in writing by its then chancellor, who died subsequently, by stating that there is no such letter in its record while also contending that she was not admitted as she did not submit a bank guarantee within the time prescribed.

However, the court declined to accept SSAHE’s claims while pointing out that it had not taken any action as per law if the written assurance was not a genuine one. The court noted that the chancellor’s assurance in writing was counter signed by the principal of Sri Siddaratha Medical College, Tumakuru.

To the contention that the petitioner did not submit a bank guarantee within the prescribed time, the court pointed out that there was no condition in the admission prospectus of SSAHE.