While dealing with a case wherein a student's mark sheet and other documents were withheld by the Medical Institute due to non-payment of the penalty and late payment charges, a Single Judge Bench of Justice NV Anjaria of Gujarat High Court has in the case of Jawal Suruaj Chhasiya vs Dean, Surat Municipal Institute of Medical Education and Research, observed that,
“No vaccination, unless self-administered, can work to contain the evil of virus of commercial mindedness on part of any educational institution in charging exorbitant amounts from the students under one or other head or another pretext, thereby demeaning the sanctity of the very concept of the education.”
The Bench was hearing the plea of an MBBS student who sought direction to Respondent No.1- Surat Municipal Institute of Medical Education and Research, Surat, not to withhold the mark sheet, degree certificate, attempt certificate, and consequential entitlement for internship on account of non-payment of the penalty and late payment charges.
Cases of the Parties
The Petitioner's Counsel submitted that he be permitted to appear in the examinations on an undertaking that he will clear the entire amount of outstanding fees minus the penalty and the cheque return charges within a period of four weeks.
The counsel appearing for respondent nos.1 and 2 submitted that the institution has serious doubts on the genuineness of the conduct of the petitioner that the petitioner is willing to offer. He further submitted that looking at the past history- the institution had to initiate appropriate proceedings and that the penalty charges and the cheque return charges were justified notwithstanding the principal amount of outstanding fees, the petitioner should not be given any indulgence in paying the fees in installments.
Reasoning and Decision of the Court
In view of the fact that the petitioner's family may have undergone a financial crisis as a result of the pandemic, the Court had allowed him to submit the fees in installments. The Court directed the petitioner to:
"(i) Handover cash or bankers cheque or demand draft... of an amount of Rs.1,31,875/- to the competent officer of the respondent no.1 institution on or before 12.02.2021.
(ii) An amount of Rs.5,28,000/- in a similar manner shall be paid in the mode as above on or before 18.02.2021.
(iii) The remaining amount of Rs. 5,28,000/- shall be paid in the mode as per (i) above on or before 28.02.2021.
The petitioner shall file an undertaking... that he will abide by the terms and conditions enunciated hereinabove within a period of one week from today. Failure to file such undertaking and/or abiding with the terms of such undertaking shall automatically disqualify the petitioner of the benefit of undergoing the examinations."
In pursuance of this Order, the amounts indicated in this order were paid by the petitioner-student and the undertaking filed too, was filed in that regard.
Order of Dean of respondent No.1 Medical College (dated 25th March 2021)
By this Order, the Dean provided that duties assigned to the petitioner-student in South-West Zone (Athwa Zone)for Rapid Antigen Test and COVID-19 vaccination shall be withdrawn as the petitioner had not paid the fees. It was further provided that the petitioner will not be entitled to be considered eligible for internship and that the duty which was given to the petitioner-student for COVID-19 and his internship was ordered to be suspended.
The Respondents in their response stated that the petitioner had not paid the amounts mentioned in the above tabular form which included the penalty and cheque bounce charges.
"In support of such claim, Resolution No.167/2019 of the Surat Municipal Corporation was relied on which stated that as per the Standing Committee resolution, 18% interest will be recovered for the cheques which may bounce in respect of payments made by the tax payers, ijaradars and other general payments. Another Resolution dated 24th June, 2009 of the Corporation was also relied on which contemplate levy of late fee from the student. Learned advocate for respondent No.1 further relied on paragraph Nos.16 and 26 of the reply affidavit to vehemently defend the stand of respondent No.1.”
In response to this submission of the Respondent, the Advocate for the petitioner submitted that the said Resolution for 18% interest on the cheque bounce charges was for a different purpose and would not apply in the present case. He also disputed the requirement of payment of late fees in light of the aforementioned order dated 10th February 2021 passed by the Court, whereby the applicant-petitioner was required to pay the amount of the fee and that the petitioner already paid the said amount. Learned Advocate for the petitioner termed the approval and action on part of respondent No.1 educational institute to charge such exorbitant sum for cheque bounce charges etc. as razor-like arbitrary and unreasonable.
Held
“13. It is clarified that as far as the stand of the institution with regard to the penalty and the cheque return charges, the Court will not adjudicate those issues in this petition under Article 226 of the Constitution of India. … …””
Rejecting the claim of the Respondents, the Court held:
“By refusing that the Court would not go into the questions of levy of cheque bounce charges and late fee in the present writ proceedings, the Court has in that way rejected the sand of respondent No.1 Institute and the action of debarment against the student taken on the said ground is disapproved.”
“In the aforementioned order dated 10th February, 2021, the Court has already expressed to provide that the said issues could not be gone into in the writ jurisdiction. In view of that, the action on part of respondent No.1 to withhold the issuance of marksheet and other testimonials and to further withdraw the eligibility of the petitioner-student for internship and preventing the petitioner from undertaking the COVID-19 duty and vaccination duty assigned to him could hardly sustain. Astonishingly, order dated 25th March, 2021 further provided that the dues assigned to the petitioner for Rapid Antigen Test and COVID-19 vaccination shall also stand cancelled.”
While observing that the arbitrariness was evident, it also smacked commercial approach on part of respondent No.1., the Court held:
“As a result, the Civil Application deserves to be allowed by setting aside order dated 25th March, 2021 passed by Dean of respondent No.1-Medical College, declaring that it is not only arbitrary but stands against the express directions issued by this Court in order dated 10th February, 2021. The respondents in particular respondent No.1 are directed to release the marksheet, degree certificate, attempt certificate and all other testimonials of the petitioner. It is further directed that the petitioner shall be treated as entitled to undergo internship and the said right shall not be denied to him on the ground of non-payment of penalty and cheque bounce charges.”
The application was thus allowed in terms of the above direction.
Case Details
Name: Jawal Suruaj Chhasiya v. Dean, Surat Municipal Institute of Medical Education and Research
Case No.: Civil Application (For Direction) No. 1 of 2021 in R/Special Civil Application No. 2861 of 2021
Date of Decision: April 20, 2021
Bench: Justice NV Anjaria
Read Order@LatestLaws.com
Picture Source :