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Service & Administrative LawSupreme Court of India

State of U.P. v. Miss Bhavna Tiwari

Special Leave Petition (Civil) · 2025 INSC 747Decided 29 Apr 2025
SLP(C) No.-009298 - 2018
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

Two NEET-PG 2017-18 candidates were unable to upgrade to their preferred choice (MD Radiology) because, under the counselling rules then in force, candidates who had already accepted seats in the first two rounds could not participate in the later "mop-up" round: a round in which nearly 80% of seats were reportedly filled, some going to less meritorious candidates who had gamed the system through "seat blocking." The Allahabad High Court had awarded them Rs. 10 lakh each in compensation and directed the State to overhaul its admission procedure to prevent such blocking.

Decision Breakdown

The Supreme Court noted that the counselling process has since been substantially reformed: security deposits, online-only counselling, debarment for no-shows, and an increase from two to four counselling rounds have all been implemented nationally, largely addressing the systemic seat-blocking problem the respondents had highlighted. However, the Court found that Rs. 10 lakh compensation each was excessive since the two respondents had, in fact, completed their PG courses (just not in their first choice), unlike cases where students lost an entire academic year. It reduced the compensation to Rs. 1 lakh each as litigation costs, while issuing ten detailed forward-looking directions to authorities (synchronized counselling calendars, fee disclosure, Aadhaar-based seat tracking, uniform conduct codes, and more) to further curb seat blocking nationally.

Lesson Learnt

Litigation driven by personal grievance can still catalyse important systemic reform, but compensation awarded by courts must be proportionate to actual loss suffered: here, completing a degree (even if not the first-choice specialization) meant the harm was real but limited, not the kind that justifies large monetary awards.

State of U.P. v. Miss Bhavna Tiwari – Legal Case Shots | LegalAware