ANSHUL JAIN Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondent No.3 to refund the amount of Rupees Five lakhs which has been taken from the petitioner as bond/affidavit condition.

(2.) The case of the petitioner is that the petitioner was admitted in respondent No.3 College from the State quota seat for Post Graduate degree in Doctor of Medicine in Anesthesiology. At the time of admission, petitioner had deposited full tuition fee, hostel fee etc. Additionally the respondent No.3 had got the affidavit dated 6/8/2014 signed from the petitioner stating that after completion of the course, petitioner will do Senior Residentship in the respondent No.3 Institute at least for one year failing which the petitioner will pay Rupees Five lakhs to the Institution in-lieu thereof and that unless the petitioner fulfills this condition she will not be eligible to receive any of her original documents, passing certificate and relieving certificate. The petitioner had completed Post Graduate Degree in Anesthesiology in June, 2017, but on account of some personal family problem the petitioner could not serve as Senior Resident in Respondent No.3 Institute, therefore, respondent No.3 had refused to return the original of the petitioner unless the petitioner deposits Rupees Five lakhs. According to the petitioner she had taken a loan of Rupees Five lakh from her father and had deposited it with the respondent No.3 by demand draft Annexure P/5 and now the petitioner is claiming return of that amount.

(3.) Respondent No.3 has filed the reply taking the stand that the petitioner has given the affidavit, therefore, she is required to comply with the said condition.