MONICA KUMAR Vs. CHAUDHARY CHARAN SINGH UNIVERSITY

JUDGEMENT

(1.) The appeal is taken up and disposed of.

(2.) The appellant, namely, Dr. Monica Kumar and her brother Dr. Manish Kumar were both admitted to the same Medical College which is respondent before us. The admission was made on NRI quota and the father of the two students paid 50,000 dollars, apiece for their admission, i.e. about Rs. 25 lac for each. The brother of the appellant has already completed his course and obtained the four usual certificates issued in cases of successful completion. One is a pass certificate, another is a character certificate, the third is an internship certificate and the fourth is an attempt certificate, last of which would be a valuable one in case the students pass in the first attempt. One of its values is regarding admission to Post Graduate Courses.

(3.) It is not in dispute that when the matter was before the Hon'ble Single Judge, the certificates contained an endorsement, that the character of the appellant was not satisfactory. The certificates issued were thus spoilt certificates because of this negative entry. The brother's certificates were all in order and he never had any complaints. From the facts the genesis of these spoilt certificates is quite clear. Apart from the donations the trust attached to the Medical College had taken a loan of another Rs. 25 lac or so from the appellant's father. This loan was taken in April 2000 which was not returned easily. Criminal cases have been filed. Postdated cheques were issued in 2003, not all of which were duly honoured upon presentation. It is said that the money has now been paid back with interest. Be that as it may, we have not been abide to observe from the facts and papers before us, any unusual behaviour on the part of the appellant except that she might have protested against her father's money not being returned in time.