Relief to a disabled student, reduced penalty from Rs. 15 lakhs to 5 lakhs, who withdrew name from a PG Medical course seat: Supreme Court

The Supreme Court bench granted relief to a disabled student by lowering her penalty of 15 lakh rupees to 5 lakh rupees in an order delivered on August 21. The penalty was imposed because she withdraw her name from a PG (Post Graduate) Medical course seat in Tamil Nadu. This resulted in a vacant seat that prevents any other meritorious student from obtaining admission. The matter was heard by a three-judge bench including Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. 

In this case, the petitioner sought admission to a PG Medical degree course as a disabled student at a government college. She obtained admission in the mop-up round of counseling but thereafter left the seat. As per the prospectus issued by the State of Tamil Nadu, “in such a situation the candidate would have to pay an amount of Rupees fifteen lakhs. This is because 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.”

The petitioner is a disabled candidate who suffered from post-polio residual paralysis and is suffering from 63% disability. Considering, the petitioner’s unique circumstances, the bench ordered to reduce the penalty to 5 lakh rupees and gave permission to participate in further counseling rounds for upcoming academic sessions. The order reads, “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 counseling for the ensuing session and her documents shall be returned forthwith.”