RUXMANIBEN Vs. ANSHUL JAIN

JUDGEMENT

(1.) By way of this Writ Appeal, the appellant/ (respondent No.3 in Writ Petition) is assailing the order dtd. 13/5/2020 passed in Writ Petition No.7982/2019 whereby the Writ Court has allowed the Writ Petition filed by the respondent No.1 (hereinafter referred to as '' Writ Petitioner'') by directing the appellant to refund Rs.5,00,000.00 to writ petitioner within a period of 30 days.

(2.) The writ petitioner took admission in Post Graduate Degree in Doctor of Medicine in Anesthesiology in the college of the appellant. After admission vide office order dtd. 1/8/2014, the Writ Petitioner was appointed as Junior Resident in the department of Anesthesiology w.e.f. 2/8/2014 on fixed salary of Rs.30,000.001,000- 32,000. An affidavit was taken from Writ Petitioner on 6/8/2014 infact a declaration to the effect that apart from other conditions, she shall work as Senior Resident/Demonstrator for atleast one year after passing Post Graduation for which she would be paid Rs.40,000.00 per month and if she is unable to join the services, she would pay Rs.5,00,000.00 in lieu of the services. A declaration has also been obtained to the effect that unless she fulfils the conditions, she would not be given any original documents, nor passing certificate or relieving certificate etc.

(3.) After passing the Post Graduate Degree in Anesthesiology, the Writ Petitioner sought reliving certificate as well as original documents from the appellant but as per the condition of affidavit, she had to give a demand draft of Rs.5,00,000.00 to the appellant. After receipt of the draft, she was provided with all the necessary documents belonging to her and she was not compelled to do the job of Senior Resident/Demonstrator.