SECRETARY, SELECTION COMMITTEE, CHENNAI Vs. DR. R. AASHRITHA

JUDGEMENT

(1.) The first respondent in the Writ Appeal, Dr.R.Aashritha, was granted admission to the prestigious Madras Medical College, Chennai in the second round of counseling on 17/4/2019 in MD (Tuberculosis and Respiratory diseases) / Pulmonary Medicine UR/MD (Respiratory Medicine) pursuant to her score in the P.G NEET, 2019. She paid her tuition fee on the same day i.e., on 17/4/2019 and joined the course on 1/5/2019. However, within two days, she submitted a letter and discontinued the course. It is stated in paragraph No.6 of the affidavit filed in support of the Writ Petition that she had to discontinue the course for sudden change of events in her personal life viz., fixing of her marriage. Thereafter, when she was ready to forego her tuition fee, the certificates which includes her M.B.B.S., Degree Certificate, Registration Certificate, Transfer Certificate etc., which she handed over at the time of joining of the college, were not returned to her insisting that she has to pay the discontinuation fee of Rs.15,00,000.00 besides the tuition fee. Aggrieved by the same, the present Writ Petition is filed.

(2.) The Writ Petition was resisted by the respondents therein by submitting that as per Clause - 24(c), the petitioner, being a candidate under All India Quota, if discontinues the course after the last phase of counseling, is liable to pay the discontinuation fee. The learned Single Judge, after considering the submissions on both sides, considered the instructions contained in Clauses - 24(c) & 27(a) and upon a cumulative reading, found that as per Clause - 27(a), if only the discontinuation had taken place after the cut-off date for admission, i.e., after 31/5/2019 which is specifically mentioned in Clause - 27(a), the liability to pay the sum of Rs.15,00,000.00 arises. But, in this case, the discontinuation had taken place on 3/5/2019 i.e., before the cut-off date for the admission and the liability of payment of Rs.15,00,000.00 does not arise and allowed the Writ Petition by directing the second respondent to return the educational documents. Aggrieved by the same, the present Writ Appeal is filed by the said authorities.

(3.) Heard Mrs.N.Sneha, learned Counsel appearing on behalf of the appellants and Mr.Sudharshana Sundar, learned Counsel appearing on behalf of the first respondent.