S. KRISHNA SRADHA versus THE STATE OF ANDHRA PRADESH & ORS.

S. KRISHNA SRADHA versus THE STATE OF ANDHRA PRADESH & ORS.

A meritorious candidate who pursued legal remedies expeditiously and is denied admission for no fault of his/her own can, in exceptional circumstances, be granted admission beyond cut-off dates, but strictly limited; compensation is not a substitute for restitution; Jasmine Kaur overruled, Asha affirmed.

Parties
Appellant: S. Krishna Sradha; Respondents: The State of Andhra Pradesh & Ors.
Jurisdiction
India
Judgment Date
13 December 2019
Procedural Posture
Civil Appeal / Reference Answered by Larger Bench
Outcome
Reference answered. Decision in Jasmine Kaur overruled; Asha affirmed.
Legal Topics
Educational Reservation, Medical Admissions, Fundamental Rights, Restitution and Compensation
Constitutional Law Education Law Educational Reservation Medical Admissions Fundamental Rights Restitution and Compensation

Case Brief

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Parties

S. Krishna Sradha

Appellant

The State of Andhra Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Reference Answered by Larger Bench

Legal Issues

  1. 1 Whether a meritorious student, for no fault of his/her own, and who pursued legal remedies expeditiously, can be denied admission merely because the admission cut-off date has passed
  2. 2 Whether compensation is the only relief that can be granted in such cases

Ratio Decidendi

A meritorious candidate who pursued legal remedies expeditiously and is denied admission for no fault of his/her own can, in exceptional circumstances, be granted admission beyond cut-off dates, but strictly limited; compensation is not a substitute for restitution; Jasmine Kaur overruled, Asha affirmed.

Court Disposition

Reference answered. Decision in Jasmine Kaur overruled; Asha affirmed.

Orders

  • Jasmine Kaur (2014) 10 SCC 521 : [2014] 9 SCR 1122 is overruled.
  • Asha v. Pt. B.D. Sharma UHS (2012) 7 SCC 389 : [2012] 6 SCR 876 is affirmed.