"Seats in MBBS course at AIIMS are not for sale," says Delhi HC, dismisses appeal for recovery of money
Nov 29, 2023
New Delhi [India], November 29 : The Delhi High Court on Wednesday dismissed an appeal against an order passed by Karkardooma court. The trial court had refused to pass an order for recovery of the amount paid for securing a seat in MBBS course in AIIMS.
The high court said that seats in the MBBS course at AIIMS are not for sale.
Justice Jasmeet Singh dismissed the appeal moved by Vimmi Chawla to set aside the order of the Additional District Judge (ADJ-East) Karkardooma Court, New Delhi.
The bench said that the facts state a very abysmal picture. The appellant had filed the suit for recovery of money paid for securing his daughter's admission at AIIMS.
It was stated that the defendant, Deepak Sethi, duped the petitioner of the money paid for securing admission at AIIMS. The respondent has contacts with the health ministry and higher officials.
It was alleged that despite payment of the money, the respondent failed to secure admission, hence the suit was filed.
The ADJ had dismissed the suit, saying that the court cannot come to rescue for an unlawful act, the bench noted.
The court had said that the agreement between the parties is void ab initio and recovery is barred under Section 23 of the Indian Contract Act.
Justice Singh said, " The appellant is guilty of perpetuating an illegality; it is a known fact that AIIMS is one of the most premier institutes of medicine in India."
"The children securing admission spend hours and hours preparing themselves for the entrance at AIIMS. The seats in the MBBS course at AIIMS are not for sale," said Justice Singh.
The high court said that the appellant may be gullible but this court cannot come to the assistance of a person who has participated in the illegality as noted above.
The bench observed, "A perusal of the facts shows that the consideration in the present case is an unlawful object forbidden by law, immoral and opposed to public policy."
While dismissing the appeal, Justice Singh said, " I find no infirmity in the impugned order of the court. The appeal is therefore dismissed.
