Education – Admission in foreign country – Course abolished by the country – Liability of appellant-facilitator – Respondent approached the appellant for seeking admission in Philippines to the MBBS course – Admission was secured in the college for the academic year 2007-2008 – Responded joined the college- By resolution dated 22.09.2008, the Republic of Philippines approved to abolish the MBBS programme from the school year 2008-2009 and made it applicable to students who got admitted for the year 2007-2008 – The students who already got admitted under MBBS Course were offered an alternative course – Respondent did not accept the offer and came back to India and lodged the complaint against the appellant – All forums below, including the NCDRC rejected the appellant’s submission that it has no liability and asked to pay $1200, apart from compensation and costs – Appellant approached the Supreme Court and submitted that appellant is only a facilitator and it has no control over the policy decision of the Republic of Philippines – Held: Appellant played no role in policy decision of Republic of Philippines – The role of appellant stopped when the admission of respondent was secured – The appellant cannot be considered a part of the Republic of Philippines or the office of Commission on Higher Education for the policy decision making, therefore no vicarious liability can be fastened on appellant – Orders passed by lower forums were set aside – Complaint dismissed – Appeal allowed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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