VAIBHAV KHOSLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner inter alia seeks a writ of mandamus directing respondent Nos.2, 3 and 5 to return the original documents submitted by the petitioner to Karnataka Examination Authority at the time of issuance of order of admission dtd. 16/5/2018 as well as a direction to respondent No.5 not to insist on payment of tuition fee of Rs.25,32,000.00 for the entire duration of three years of MD Psychiatry course. The petitioner also seeks a writ of mandamus directing the Karnataka Examination Authority and respondent No.5 to refund the fee of Rs.7,74,500.00deposited by the petitioner at the time of admission to the aforesaid course on 16/5/2018.

(2.) Facts leading to filing of this petition, briefly stated are that the petitioner completed the MBBS course from Government Medical College, Amritsar in the State of Punjab and has been conferred the medical degree by the Baba Farid University of Health Sciences, Punjab. The petitioner appeared in the Post Graduate National eligibility cum Entrance Test, 2018. The petitioner was registered with Karnataka Examination Authority which is designated authority for conducting counseling for admission to P.G. Medical Courses in the State of Karnataka. The petitioner was not allotted any seat in the first and second round of counseling conducted by the Karnataka Examination Authority. The petitioner had also applied for admission to P.G.Medical Course in Baba Farid University of Health Sciences, Punjab. The candidature of the petitioner was not considered for admission. Therefore, he filed a writ petition before the High Court of Punjab and Haryana for a direction to the University to consider his case for admission to PG Medical course as per his ranking in P.G.NEET Examination, 2018.

(3.) In pursuance to the direction issued by the High Court of Punjab and Haryana, the petitioner was granted admission in Christian Medical College, Ludhiana in M.S.Orthopedics and was admitted to the course on 24/5/2018. The petitioner had also participated in the mop up round and counseling conducted by the Karnataka Examination Authority on 16/5/2018 and was allotted a seat in M.D.Psychiatry course in the college run by respondent No.5. The petitioner thereupon deposited a sum of Rs.7,74,500.00 as well as all his original documents with Karnataka Examination Authority. However, subsequently, when the petitioner was admitted in the Christian Medical College, Ludhiana in MS Orthopedics Course, the petitioner immediately informed the Karnataka Examination Authority as well as the respondent No.5-College by an e-mail dtd. 29/5/2018 that he is surrendering his seat in MD Psychiatry Course in respondent No.5-Medical College. It is pertinent to note that the last date for counseling to the PG Course was 31/5/2018. The petitioner, thereafter, visited Bangalore and submitted a communication to respondent No.2 stating that he is surrendering the seat and requested for handing over the original documents. The petitioner, thereafter, submitted a representation on 28/5/2018.