High Court orders compensation for Dalit girl who was denied BDS admission

Justice SM Subramaniam has granted the order while dismissing the plea of A Jayaranjani seeking direction to the Medical Council of India, Tamil Nadu Health and Family Welfare Department, Directorate of Medical Education, KSR Dental college, Tiruchengode and Dental Council of India to admit her in BDS course.

“As the college has already filled the seat with management quota, the HC cannot order them to admit the petitioner. However, the court is of the view that the petitioner should be compensated for the lapse in providing allotment order and denial of admission by the college,” the judge held.

The petitioner contended that she secured 1063 marks in the higher secondary examination and the selection committee issued an allotment order to her on 30.09.2014 to join BDS in KSR Dental college. "However, when she visited the college on the very next day, the administrative officer denied her admission citing the Supreme Court order that all the admissions for the BDS course should be completed by 30.09.2014," R Veeramani, counsel for the petitioner submitted.

The judge said that the conduct of counselling on 30.09.2014 and the issue of an allotment order on the same day at 3.30 p.m, at Chennai directing the petitioner to report at Madurai on the same day, are clearly in violation of the orders of the Supreme Court.

“Therefore, the selection committee is obliged to compensate the petitioner in monetary terms. Considering the background of the petitioner and considering the course to which she would have legitimately gained admission, I am of the view that a compensation of Rs. 5,00,000/- would be just and proper,” Justice SM Subramaniam said in his order.

He further slammed the private college stating that the “college has committed an error/mistake to that extent by admitting the students of their choice obviously, for monetary gains by filling up the college quota.”

Therefore, the judge asked the Tamil Nadu Health and Family Welfare department, Selection Committee for the Medical and Dental Admissions- Directorate of Medical Education and a private medical college to jointly give five lakhs rupees to the petitioner. “We are directing the first and second respondent to give three lakh rupees and the fourth respondent shall give two lakh rupees to the petitioner within four weeks,” the judge ruled.