VANDANA MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The NEET- UG- Admission Board, 2019 in the second round of counselling following the petitioner's success in NEET 2019 allotted her Pacific Institute of Medical Sciences at Udaipur for pursuing her MBBS course 2019.

(2.) The case of the petitioner is that on reporting for admission at the said College, she offered to pay Rs.17,00,000.00 on 8/8/2019 as annual fee for Academic Year 2019-20 but was denied admission on 9/8/2019 for her failure to deposit Rs.5,00,000.00 in fixed deposit towards caution money and the remainder of the fee for the whole of the MBBS Course- aggregating to an additional sum of Rs.68,00,000.00 (Rupees Sixty Eight Lakhs). It has been submitted that these demands as a precondition for admission at the College allotted by the UG, MBBS/ BDS Counselling/ Admission Board, 2019 are wholly arbitrary, and without legal foundation. It has been submitted that the Pacific Institute of Medical Sciences at Udaipur cannot seek to levy any fee or require one time deposit of the fee for the whole course at a precondition to admission unless such conditions are approved by the fee committee headed by Hon'ble Justice Mr. S.N. Bhargava (Retired). It has been submitted that denial the admission to the petitioner despite allotment of the Medical College in issue to her is in the crosshairs of the judgments passed by the Apex Court in the case of Modern Dental College and Research Centre and Ors. v. State of Madhya Pradesh and Ors. [(2016)7 SCC 353], Rajan Purohit and Ors. v. Rajasthan University of Health Science and Ors. [(2012)10 SCC 770], Priya Gupta and Anr. v. Addl. Secy. Ministry of Health and Family Welfare and Ors. [(2013)11 SCC 404] as also its order dtd. 9/5/2017 passed in Dar-Us-Slam Educational Trust and Others v. Medical Council of India and Others Writ Petition (Civil) No. 267/2017.

(3.) Heard the counsel for the petitioner and the respondents.