MANOJ MODI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner appeared in the common entrance examination, D-MAT 2006, conducted by the Association of Private Dental and Medical Colleges of madhya Pradesh, respondent No. 3, and on the basis of his performance in the said entrance examination he was offered admission in the R. D. Gardi Medical college, Ujjain. The petitioner has alleged in the writ petition that when he went to respondent No. 4/college for admission, he was asked to furnish a bank guarantee for Rs. 10 lac within a period of 24 hours or latest by 26th September, 2006. Aggrieved by the aforesaid demand by respondent No. 4/college for bank guarantee, the petitioner has filed this writ petition under Article 226 of the constitution of India.

(2.) ON 28-9-2006, the Court after hearing the learned Counsel for the petitioner, issued notice to respondent Nos. 3 and 4 and directed as an interim measure that they will give admission to the petitioner in respondent No. 4/ college by 30-9-2006 without insisting upon a bank guarantee, if he was entitled to such admission on the basis of his merit and that such admission would be subject to result of the writ petition. Pursuant to the order dated 28-9-2006 of this Court, the petitioner has been given admission in respondent No. 4/college.

(3.) HENCE, the only question that remains to be decided in this writ petition is whether the respondent No. 4/college could insist for a bank guarantee from the petitioner at the time of his admission.