DR. SWARALI KRISHNA KONDWILKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 18.06.2018 (Annexure-8 series to the writ petition) issued by the Director, Central Institute of Psychiatry (in short CIP), Ranchi [respondent No.2] whereby the petitioner's representation for leaving the MD (Psychiatry) Course (2018-21) has been rejected.

(2.) The factual background of the case, as stated in the writ petition, is that the petitioner after completing MBBS Course, appeared in the National Eligibility Entrance Test (NEET) PG Examination under Scheduled Caste category. The petitioner attended the first round of counseling and vide provisional allotment letter dated 29.03.2018, she was allotted the CIP, Ranchi for MD (Psychiatry) Course. Pursuant to the said allotment letter, she executed a bond furnished by the CIP, Ranchi on 004.2018. Thereafter, the certificate verification was done on 04.04.2018 at CIP, Ranchi and she joined the said course at CIP, Ranchi on 01.05.2018. The petitioner had also applied for admission in National Institute of Mental Health and Neuro Sciences (NIMHANS) at Bengaluru for the said course. The said entrance examination was conducted on 25.03.2018 and the result was published on 004.2018. On getting successful in the counseling held on 05.06.2018, she was allotted the seat for admission in MD (Psychiatry) Course under Scheduled Caste category vide notice dated 13.06.2018 issued by the NIMHANS, Bengaluru. The petitioner had already submitted a representation before the Director, CIP, Ranchi on 06.06.2018 seeking permission to leave the said course from CIP, Ranchi with an undertaking that she is ready to pay the penalty for leaving the said course as has been stipulated in the bond executed by her. However, the Director, CIP, Ranchi rejected the petitioner's representation vide the impugned order dated 18.06.2018 giving reference to the order dated 09.05.2017 passed by the Honourable Supreme Court in the case of Dar-us-Salam Education Trust Vs. Medical Council of IndiaOrs. [W.P.(Civil) No. 267/2017] and stating, inter alia, that after the second round of counseling i.e. 23.04.2018 for all India quota seats, the students who have taken admission against the all India quota seats, cannot be allowed/permitted to vacate their seats.

(3.) Learned counsel for the petitioner submits that the counseling in NIMHANS, Bengaluru was held much after allotment of the seats of PG Course under all India quota through NEET and thus she had no option but to take admission at CIP, Ranchi. If the petitioner is not allowed to leave her PG Course from CIP, Ranchi and to take admission in the NIMHANS, Bengaluru, she will be denied an opportunity to pursue the said course as per her academic pursuits. Once she was made to sign a bond by the CIP, Ranchi to the effect that if she subsequently decides to discontinue the course, the same would be allowed only after payment of appropriate penalty, she cannot now be denied to leave the said course, if she is ready to pay the penalty in terms with the bond.