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Punish officials and erring students for MBBS malpractices:SC- 11-Jul-2012
New Delhi: Expressing concern over increasing incidents of medical admissions being granted arbitrarily by colleges, the Supreme Court asked the high courts to initiate contempt proceedings against the authorities and direct disciplinary action against erring personnel.
A bench of justices Swatanter Kumar and Ranjan Gogoi in a judgement also said students who obtain MBBS seats through collusion with authorities will have to compensate the aggrieved meritorious students.
"Wherever the court finds that action of the authorities has been arbitrary, contrary to the judgements of this court and violative of the rules, regulations and conditions of the prospectus, causing prejudice to the rights of the students, the court shall award compensation to such students as well as direct initiation of disciplinary action against the erring officers/officials.
"The court shall also ensure that the proceedings under the Contempt of Courts Act, 1971, are initiated against the erring authorities irrespective of their stature and empowerment," Justice Kumar, writing the judgement, said.
The apex court passed the ruling while upholding the appeal of a girl student, Asha who was denied admission into the MBBS course for the 2011-12 academic year despite being ahead of several others in the merit list by the Pt BD. Sharma University, PGI, Rohtak.
"Students who adopt malpractices in collusion with the authorities or otherwise for seeking admissions and if their admissions are found to be irregular or faulty in law by the courts, they shall normally be held responsible for paying compensation to such other candidates who have been denied admission as a result of admission of the wrong candidates," the bench said.
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