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The supreme court notes that the benefit of ‘Krishna Sradha’ judgement can only be availed if the candidates approach the court at its earliest.
What is ‘Krishna Sradha’ Judgement?
It is a judgement in which it is stated that, whether a meritorious candidate for no fault of his/her and also, he/she has pursued his/her legal right expeditiously without any delays, can be denied admission as a relief because the cut-off date has already passed. In such a situation the court shall grant appropriate compensation signature in order to give relief. View document here
What to do next?
In this case, the High Court has issued instructions to admit the students to the first year of Bachelor of Medicine and a bachelor of surgery (MBBS) course for the academic year 2020-2021 and only eligible until the vacant seats last. This order by the high court was passed in a written petition which was filed by the NEET candidates who sought to claim that for the academic year 2019-2020, students with lesser merit were granted admission to the MBBS course, first year. The National Medical Council (NMC) also quoted that the judgement of ‘Krishna Sradha’ cannot rescue that of students as they had an approach to the high court one and a half years ago and that was after the last date of admission of candidates for the academic year 2019-2020.
Court decisions highlighted:
The court noted that in the rare case of S. Krishna Sradha, the need for providing compensation for the due remedy was highlighted.
The court also noted that, “However and whatever, the conditions for grant of relief or for seeking admission to the due available courses that too after the last date have been duly mentioned in the para 33 of that judgement. One crucial condition that needs to satisfy is that the candidates have had to approach the court at the earliest time possible without any further delays to the visit. There was a further mentioning in the judgement that in case the admission is granted and is to be given to the students, the number of seats to be alloted to the students of the next academic year has to be substantially reduced.”
The high court also said that it would not indulge in granting admissions to the writ petitioners in the vacant seats that ought to be arisen in the academic year 2019-2020 and also not grant permission to the students for starting their course in the academic year 2020-2021.
What does court have in saying to this decision?
The supreme court said that, “We are duly aware that if the court interferes, there would be a loss of one academic year to the students. However, we have found no way we can support the judgement of high court in the decision of granting admission for the academic year 2020-2021 in view of the judgement by Krishna Sradha’. The candidates visited the court almost one and a half year ago that too after the last date of the admission for the academic year 2019-2020.