On Wednesday, the Delhi High Court dismissed a woman's petition aimed at retrieving a ₹30 lakh bribe she had allegedly paid to a middleman. The payment was purportedly made to facilitate her daughter's admission into the MBBS program at the All India Institute of Medical Sciences (AIIMS).
The single bench of Justice Jasmeet Singh remarked that it's not within the court's purview to assist individuals who resort to unethical methods to gain an advantage in queues or processes.
The Court highlighted the dedication of students investing extensive hours in studying for admissions to prestigious medical colleges such as AIIMS, emphasizing that seats in these institutions are not commodities for sale. The woman appealed to the Court after the trial court dismissed her case seeking reimbursement of funds. Her claim revolved around an alleged payment of ₹30 lakhs to an individual who purportedly had connections with the Union Health Minister and high-ranking bureaucrats. This person claimed to guarantee admission for her daughter into AIIMS's MBBS course.
Following a thorough examination of the case, Justice Singh determined that the agreement between the involved parties was inherently void from the beginning. He cited Section 23 of the Indian Contract Act, 1972, which prohibits the recovery of money when either the object or consideration of a contract is deemed unlawful.
"In the present case, the appellant is guilty of perpetuating an illegality. It is a known fact that AIIMS is one of the most premiere institutes of medicine in India. The children securing admission spend hours and hours in preparing themselves for the entrance at AIIMS. The seats in the MBBS course at AIIMS are not for sale. 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 Court recorded in its order.
It concluded that there was no infirmity in the trial court’s order and rejected the plea.
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