April 7th, 2017
The Bombay High Court has directed the state government to pay Rs 20 lakh as compensation to a 20-year old girl whose aspirations of pursuing an MBBS course was thwarted due to irregularities by colleges and bungling on the part of the state authorities.
A bench comprising of Justice Shantanu Kemkar and Prakash Naik directed the state to shell out the money within 8 weeks as “public law damages” to the girl, Firdos Ansari.
As reported by The Times of India, the judges said, “The mental agony on account of failure to get admission for MBBS course as sought by her is perpetual.” The court also added that the denial of admission completely damaged the girl’s career and her right to practice as an MBBS doctor was denied.
The HC’s decision was relied on a former judgememt passed by the Supreme Court in 2014 where a medical student was paid a compensation of Rs 5 lakh as she was deprived of a chance to shift her post-graduate course stream.
The state opposed the payment of compensation to Firdos, claiming that it cannot be held accountable for the irregularities committed by the colleges. However, the HC upheld its order.
Firdos, a resident of Raigad, had cleared the MBBS entrance test in 2012 and was placed in the merit list. She had applied to two colleges that failed to follow the admission schedule and rules laid down by the Supreme Court and the state government. Aspirants below her in the merit list were granted admission. Pravesh Niyantran Samiti (PNS), the admissions regulatory authority, M.S, Mumbai, conducted an inquiry in January 2013 and recommended the state that all illegal admissions be cancelled and fresh admissions be taken for these colleges. However, the state failed to take any action.
The Logical Indian welcomes the order of the Bombay High Court as the girl was denied her right to admission and deserves to be compensated for the damage.