Central Inland Water ... vs Brojo Nath Ganguly & Anr on 6 April, 1986
51. It is true that Petitioner No.1 had a choice of 156 accredited institutions from which to take admission. He also had a choice of disciplines to take. Notwithstanding this, admission to an institution or a discipline of ones choice is not guaranteed to every student who passes the primary examination of the NBE. The number of seats is limited to 570 and it was mentioned during the course of oral submissions that only about 30% of the candidates are able to get admission to the DNB course. It is not therefore, a free market situation where each candidate has a large number of meaningful choices available. He has to take what he gets and to this extent there can be no complaint. But, if he has to take what he gets on terms which are unfair, unreasonable and exploitative, the Court is under a duty to step in and set the balance right. Given the facts of this case, I am clearly of the view that the principle laid down in Brojo Nath Ganguly is applicable and the term imposed on Petitioner No.1 to the effect that he has to complete the course without payment must be held unconscionable and void.