Medical college, Institution not to demand full 3-year-course fee from a student, who had withdrawn his admission: Karnataka HC

Medical college, Institution not to demand full 3-year-course fee from a student, who had withdrawn his admission: Karnataka HC

The Karnataka High Court ordered that the Medical college or Institution not to demand full 3-year-course fee from a student who had withdrawn his admission. 

Background 

The petitioner completed the MBBS course from Government Medical College, Amritsar in the State of Punjab and has been conferred the medical degree by the Baba Farid University of Health Sciences, Punjab.

The petitioner appeared in the Post Graduate National eligibility cum Entrance Test, 2018. The petitioner was registered with Karnataka Examination Authority which is designated authority for conducting counseling for admission to P.G. Medical Courses in the State of Karnataka. The petitioner was not allotted any seat in the first and second round of counseling conducted by the Karnataka Examination Authority.

The petitioner had also applied for admission to P.G.Medical Course in Baba Farid University of Health Sciences, Punjab. The candidature of the petitioner was not considered for admission. Therefore, he filed a writ petition before the High Court of Punjab and Haryana for a direction to the University to consider his case for admission to PG Medical course as per his ranking in P.G.NEET Examination, 2018.

Arguments

Advocate Ajoy Kumar Patil, appearing for the petitioner, contended that in compliance of the order, the original documents have already been returned to the petitioner and the petitioner has already given up the relief of refund of Rs.7,74,500/- which was deposited by the petitioner.

The respondent submitted that if the original documents are returned to the petitioner, the right of the management to recover the fee for three years would not be frustrated.

Decision 

The division bench of Justice Alok Aradhe and Justice M.G.S.Kamal noted that the petitioner has not left the course midstream. The petitioner has, admittedly, surrendered the seat before the last date of counseling.

The court stated that the institution has only a right to recover the prescribed fee for one semester / year. The petitioner has already given up the right to seek refund of Rs.7,74,500/- deposited by him as is recorded in the order sheet. Therefore, the prayer for return or original documents does not survive.    

Case title: Dr. Vaibhav Khosla v/s the State of Karnataka and Ors.

Citation: W.P. No.30619 OF 2018 (EDN-MED-ADM) 

Click here to read the Order/Judgment

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