RAJAT SATIJA Vs. PT. B.D. SHARMA

JUDGEMENT

(1.) The petitioner has prayed for a writ in the nature of mandamus seeking a direction to respondent No.3 to return his original testimonials/documents and also the tuition fee of Rs. 24,000.00 and further to desist from insisting upon filling the ESIC UG Bond as a condition precedent for returning the documents.

(2.) In short, the petitioner after qualifying 10+2 examination, appeared in the NEET-2016 Examination and passed it for the purpose of his eligibility to take admission in the MBBS/BDS Course in the session 2016-2017 in the Pt. B.D. Sharma University of Health Sciences, Rohtak. There are six Medical Colleges affiliated to the University, namely, Pt. B.D. Sharma PGIMS, Rohtak, BPS Government Medical College for Women Khanpur Kalan (Sonepat), Shaheed Hasan Khan Mewati Govt. Medical College, Nalhar (Mewat), Maharaja Agrasen Medical College, Agroha (Hisar), ESIC Medical College & Hospital, Faridabad and Post Graduate Institute of Dental Sciences, Rohtak. The petitioner appeared in the second counselling on 21/29.2016 for admission in respondent No.3- College. He was offered admission in respondent No.3- College, i.e. Employee's State Insurance Corporation (ESIC) Medical College & Hospital, Faridabad. He deposited tuition fee by way of demand draft of Rs. 24,000/-. The name of the petitioner appeared at No.6 with merit No.67 for admission in General Category. Since the petitioner was seeking up gradation of admission in other Colleges for the purpose of doing MBBS/BDS Course, therefore, he got a chance of admission in NDMC Medical College, New Delhi on the basis of his merit on 28.9.2016. He deposited the entire dues in the NDMC Medical College, New Delhi and started attending the classes but since the original documents of the education of the petitioner were retained by respondent No.3, he was asked by the NDMC Medical College, New Delhi to submit the original documents upto 15.10.2016. The petitioner requested the Dean of respondent No.3- ESIC Medical College, Faridabad by letter dated 1.10.2016 for the purpose of seeking cancellation of his admission and for refund of deposited fee and return of the original documents. It was followed by another request dated 4.10.2016 which was duly received vide receipt No.5733. The petitioner also made a request through his mother on 5.10.2016 for return of his original documents which was received in the Office vide Diary No.1050 and also written a letter to the Director, Directorate of Medical Education and Research, Haryana on 10.10.2016. Since the original documents of the petitioner were not being returned along with the tuition fee, therefore, the petitioner has approached this Court for issuance of a writ in the nature of mandamus.

(3.) Counsel for the petitioner has submitted that in the prospectus for admission through online counselling of MBBS/BDS - 2016 issued by respondent No.1, it is provided, in the important instructions at a glance, that "Candidates will produce all the relevant certificates in original including resgistration-cum-counselling for receipt for verification along with provisional allotment letter, a signed print out of their online application form, their locked choice generated from the website before Admission Committee before reporting in the institute." It further provides that "In case a candidate after having deposited required fee for admission to MBBS/BDS course 2016-17 decides to leave the MBBS/BDS Course before the last round of counselling, the fee deposited by the candidate will be refundable to him/her by the concerned college if the seat so vacated is filled by some other candidate." It also provides that "In case of ambiguity about any rule, the interpretation of the same by the University shall be final." It is further submitted that the original documents of the petitioner are not being returned by respondent No.3 only on the ground that the petitioner had to fill the UG Bond of Rs. 7.5 lakhs i.e. if the petitioner deposits the said amount only then the documents would be returned to him.