Maharishi Markandeshwar University and Another vs Akriti Sharma and Others
Background
The first respondent, a NEET-UG 2021 candidate who scored higher marks than three other students, was denied an MBBS seat in the appellant's medical college during the "mop-up round" of counselling in March 2022, because the college instead upgraded three lower-ranked students from the management quota to vacant state-quota seats under Clause 4 of the counselling prospectus, before the state-quota seats were filled. She challenged this before the Himachal Pradesh High Court, which held that the college had misapplied the prospectus (Clause 3, governing the mop-up round itself, should have taken priority over Clause 4, which applies only to vacant/drop-out seats after the mop-up round concludes) and directed the college to redraw the merit list and admit her.
Decision Breakdown
The Supreme Court agreed with the High Court's interpretation that Clause 3 of the prospectus (governing fresh choices during the ongoing mop-up round) had to be applied before Clause 4 (applicable only to seats still vacant after the mop-up round was over), and that the first respondent, having a higher NEET rank, was wrongly denied admission. However, it held that actually admitting her at this stage was not feasible: the academic session had progressed five months, the college's sanctioned intake of 150 could not be exceeded, and doing so would require ousting an already-admitted student who was not even a party to the case. Applying its precedent in S. Krishna Sradha v. State of Andhra Pradesh and following National Medical Commission v. Mothukuru Sriyah Koumudi (which bars courts from directing seats beyond NMC-sanctioned strength), the Court substituted monetary compensation of Rs. 10 lakh in place of actual admission, to be paid within one month.
Lesson Learnt
Where a meritorious student is wrongly denied an admission she was legally entitled to, but by the time courts intervene the academic session is too far advanced and ordering her admission would displace an innocent already-admitted student or exceed the sanctioned seat strength, courts will typically award monetary compensation instead of coercive admission: restitution in kind is preferred but not available in every case.