SANJAT SUMAN LENKA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner who is a medical student is before this Court for a writ of mandamus directing the 3rd respondent college to return all the original records including the marks cards submitted by him at the time of taking admission and return the tuition fee of ?5,75,000/- and admission fee of Rs. 2,00,510/- paid by him.

(2.) It is the case of the petitioner that he is the resident of Sunabeda in Odisha State. After completing higher secondary course (12th) from DAV Public School, Bhubaneswar, securing 91.8% marks in All India Senior School Certificate Examination conducted by the Central Board of Secondary Education, New Delhi, ('CBSE' for short), with an intention to pursue medical education, he appeared for National Eligibility-cum-Entrance Test ('NEET' for short) which was conducted by the CBSE as per the directions of the Hon'ble Supreme Court of India. The petitioner obtained All India ranking of 11313 and also was eligible for counselling for the 15% of the All India Quota Seats. The petitioner applied for admission to the MBBS Course for the academic year 2016-17 through All India Quota Seats, Government colleges of Odisha and also Consortium of Medical, Engineering and Dental Colleges of Karnataka ('COMEDK' for short) for private medical colleges in the State of Karnataka.

(3.) On 10.08.2016, COMEDK issued calendar of events, as per which the petitioner applied for admission through online as was required to be submitted by 28.08.2016 and the final merit list came to be published on 06.09.2016. On the basis of the ranking of the petitioner, he was provisionally allotted seat at the 3rd respondent college which was confirmed on 17.09.2016 and the last date for admission/reporting to college was fixed on 26.09.2016. The petitioner got himself admitted to the 3rd respondent college on the same day by submitting all the original documents including marks cards and paid a sum of Rs. 5,75,000/- to COMEDK towards tuition fee and Rs. 2,00,510/- tor admission fee and Rs. 49,100/- towards hostel admission fee.