The Supreme Court has said that admissions to medical colleges cannot be permitted beyond the sanctioned strength and annual intake capacity, fixed by the Medical Council of India (now National Medical Commission), and these norms have to be strictly followed.
A bench of Justices L Nageswara Rao and Hemant Gupta did not agree on a direction issued by Telangana High Court to Kamineni Academy of Medical Sciences and Research Centre, Hyderabad to create an additional seat to grant admission to Mothukuru Sriyah Koumudi in MS (General Surgery) course in the academic year 2020-21.
The court, however, directed the college to pay a compensation of Rs 10 lakh to the candidate, who "lost one precious year for no fault of hers" for having been "illegally" denied admission. It also found that the college adopted "unfair means" to allot the seat to some other candidate, who was not just below her in the merit list. It ordered one seat in the course from the management quota of the college for the next academic year (2021-22) shall be granted to her.
"The manner in which the college acted in depriving admission to the candidate and giving admission to the other candidate is deplorable. The managements of the medical colleges are not expected to indulge in such illegalities in making admissions," it said.
The court noted that as the last date for admissions for the present academic year was August 30, 2020, it was not inclined to grant admission to the candidate for this academic year. It also said cancelling the admission of the other candidate would also be of no help.
To an appeal filed by the National Medical Council against the HC's direction to the college to create an additional seat, the bench said directions cannot be issued for increasing annual intake capacity.