PRAMOD KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the basis of the 1999 P.G.M.A.T. Test, the petitioner got admission in the diploma course in ENT (DLO) at P.M.C.H. He also took the test in 2000 and on the basis of his merit position in the later test, he has been selected for admission in the degree course in ENT (DLO) at D.M.C.H. What, however, comes in his way is a recent decision of this court in Dr. Yash -want Kumar and others vs. State of Bihar and others, 2001 (1) P.L.J.R. 536. In that case this court examined the validity of clause 8 (xii) which was introduced for the first time in the P.G.M.A.T. prospectus for the year, 2000. The provision contained in clause 8 (xii) of the prospectus is as follows:

(2.) IN the case of Dr. Yashwant Kumar this court upheld the validity of the aforesaid clause but made a relaxation for the students of the previous batch because in the previous year the students taking admission in a speciality other than the one of their best choice would not be aware that such a restriction was going to be introduced from the next year. However, the relaxation even for the students of the previous year was subject to the condition that they must refund any money which they might have received by way of stipend, salary or honorarium in connection with the P. G. degree or diploma course to which they were admitted in the previous batch.

(3.) FOR admission to the degree course in ENT (DLO) at D.M.C.H., the petitioner needs a C.L.C. and a 'no dues ' certificate from the P.M.C.H. where he has been pursuing the diploma course on being admitted there in the 1999 session. The Principal, P.M.C.H., however, insists for refund of the entire money received by the petitioner in the diploma course, as directed by this court, before issuing the desired C.L.C. and the 'no dues ' certificate. The money which the petitioner is required to refund amounts to about Rs. 52,000/ - and the petitioner finds it difficult to arrange this amount in one lump sum in a short while.