NEET-PG : Supreme Court Reduces Penalty For Student With Disability Who Left Seat After Taking Admission

The Supreme Court on Monday granted relief to a disabled student and lowered her penalty of Rs 15 lakhs to Rs 5 lakhs after she withdrew her admission from a PG Medical course seat in Tamil Nadu. The plea was heard by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.

The petitioner in the matter was a candidate suffering from Polio who initially obtained admission to a post-graduate medical degree course as a disabled student at a government medical college. However, she left the seat she had received in the mop-up round and the counselling. The same was because she suffered from post-polio residual paralysis and a 63% disability. Owing to the long working hours, she could no longer continue with the course. 

Additional Advocate General of Tamil Nadu Amit Anand Tiwari informed the bench that  as per the prospectus issued by the State of Tamil Nadu in such situations, the candidate would have to pay an amount of Rs 15 lakhs. The rationale behind the rule was that a candidate while vacating a seat deprives another deserving candidate of the State seat in a government medical college (where the annual medical fee is only Rs 22,500). Moreover, the government also requires a bond from all medical students to serve in rural health care clinics for a stipulated period.

Taking into consideration the petitioner's unique circumstances and without expressing any legal opinion on the matter, the Court ruled that the petitioner will be permitted to participate in further rounds of counseling for the upcoming academic session. However, it stipulated that the petitioner must pay a reduced amount of five lakh rupees to the State of Tamil Nadu. 

Passing a one-time relief in the matter, the Court held–

"Having regard to the peculiar facts of the present case, and without this Court expressing any opinion on the issues of law involved, we direct that subject to the petitioner paying an amount of Rupees five lakhs to the State of Tamil Nadu, she would be permitted to participate in further rounds of counselling for the ensuing session and her documents shall be returned forthwith. This order is passed in the above peculiar facts and circumstances."

The Petition was accordingly disposed of.

Case Title:   | Writ Petition (Civil) No.121/2023

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