Case Note & Summary
The petitioner, Dr. Mrs. Rachita Singla, secured admission to the Diploma in Gynaecology and Obstetrics (DGO) course at respondent no.5 hospital (Lata Mangeshkar Hospital) based on an advertisement published on 12th June 2008 and the brochure of respondent no.2 (College of Physicians & Surgeons, Bombay). She was issued a letter of admission and joined the course. However, due to financial constraints, she could not pay the fees. Despite this, the college allowed her to attend classes and she completed the first year of the course. When she sought to appear for the second year examination, the college refused to process her admission, citing non-payment of fees. The petitioner filed a writ petition seeking a direction to the college to accept the fees and process her admission. The court observed that the college had allowed the petitioner to pursue the course for a full year, which created an estoppel by conduct. The court held that the college could not arbitrarily deny admission after having permitted her to complete the first year. The court directed the college to accept the fees from the petitioner and process her admission, and also directed the college to permit her to appear for the second year examination. The court further directed that the petitioner's admission be treated as regular from the academic year 2008-2009.
Headnote
A) Admission to Medical Courses - Non-Payment of Fees - Right to Education - The petitioner was selected for admission to the DGO course and issued a letter of admission, but could not pay fees due to financial constraints. The college allowed her to attend classes and complete the first year, but later refused to process her admission for the second year. The court held that having allowed the petitioner to pursue the course for a year, the college could not arbitrarily deny her admission, and directed the college to process her admission and permit her to appear for the second year examination. (Paras 1-10) B) Estoppel by Conduct - Admission to Medical Courses - The college's conduct in allowing the petitioner to attend classes and complete the first year of the DGO course created an estoppel, preventing the college from denying her admission on the ground of non-payment of fees. The court directed the college to accept the fees and process the admission. (Paras 5-10)
Issue of Consideration
Whether the petitioner, who was selected for admission to the DGO course but did not pay fees due to financial constraints, can be denied admission by the respondent college after having been issued a letter of admission and having completed the first year of the course.
Final Decision
The court allowed the writ petition and directed respondent no.2 (College of Physicians & Surgeons, Bombay) to accept the fees from the petitioner and process her admission to the DGO course. The court further directed the college to permit the petitioner to appear for the second year examination. The admission was directed to be treated as regular from the academic year 2008-2009.
Law Points
- Admission to medical courses
- Non-payment of fees
- Right to education
- Arbitrary denial of admission
- Estoppel by conduct
