KANISHKA UTKARSHA KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court raising a challenge to an order dated April 10, 2008, passed by the Dean, Mahatma Gandhi Memorial Medical College, Indore, respondent No.2, whereby a request made by the petitioner for refund of fee deposited by him, while seeking admission in MBBS course, has been rejected.

(2.) The facts on record depict that after having appeared in the All India Pre-Medical Entrance Examination, seeking admission in Medical/Dental colleges of the Country, in the All India Quota, the petitioner was required to participate in the couselling process initiated for selection of MBBS/BDS courses for the session 2006-07. In the first counselling held in the said admission process, the petitioner was selected for admission to Mahatma Gandhi Memorial Medical College, Indore, and was granted admission in MBBS course. As a consequence thereof, the petitioner deposited the requisite fee.

(3.) However, since the petitioner belongs to State of Uttar Pradesh, therefore, he also as per rules, applied for participating in second round of counselling, for admission to an alternative seat. The aforesaid request of the petitioner was accepted and he was permitted to participate in the second round of counselling. In the second round of counselling, he was allotted a seat in MBBS course in G. S. V. M. Medical College, Kanpur. The petitioner accordingly, took admission in the said G. S. V. M. Kanpur and paid the requisite fee in Kanpur college also. The petitioner maintains that since he had been granted admission in the aforesaid Medical College at Kanpur, under the same admission process in the second counselling, therefore, he was entitled to the refund of the fee deposited by him in Mahatma Gandhi Memorial Medical College, Indore.