RIYA GEORGE versus KANNUR MEDICAL COLLEGE AND ORS.

RIYA GEORGE versus KANNUR MEDICAL COLLEGE AND ORS.

It is inappropriate for the Supreme Court to quantify damages in present proceedings; given coordinate Bench's order and pending proceedings before Admission and Fee Regulatory Committee, petitioner must pursue her claim before the Committee, which is to determine the quantum.

Parties
Petitioner: Riya George; First Respondent: Kannur Medical College; Respondents: Ors.
Jurisdiction
India
Judgment Date
21 February 2019
Procedural Posture
Writ Petition (civil) / Final Disposal
Outcome
Writ Petition disposed of; petitioner directed to pursue claim before Admission and Fee Regulatory Committee; no order as to costs.
Legal Topics
Article 32, Refund of Fees, Damages, Admission Procedures
Constitutional Law Education Law Article 32 Refund of Fees Damages Admission Procedures

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Parties

Riya George

Petitioner

Kannur Medical College

First Respondent

Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether petitioner is entitled to payment of damages for loss of academic year due to admission cancellation
  2. 2 Whether Supreme Court should quantify damages in writ proceedings or leave to Committee

Ratio Decidendi

It is inappropriate for the Supreme Court to quantify damages in present proceedings; given coordinate Bench's order and pending proceedings before Admission and Fee Regulatory Committee, petitioner must pursue her claim before the Committee, which is to determine the quantum.

Court Disposition

Writ Petition disposed of; petitioner directed to pursue claim before Admission and Fee Regulatory Committee; no order as to costs.

Orders

  • Petitioner at liberty to pursue claim before Committee in terms of Supreme Court orders dated 29 August 2018 and 4 October 2018.
  • Admissions Committee requested to decide expeditiously within three months of receipt of judgment.