Gujarat High Court
Siddharth Monal Shah vs State Of Gujarat on 16 January, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/14717/2019 ORDER DATED: 16/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14717 of 2019
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SIDDHARTH MONAL SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMIT V THAKKAR(3073) for the Petitioner(s) No. 1
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 2
MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for
Respondent - State
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 16/01/2025
ORAL ORDER
1. By way of this petition, the petitioner has
prayed for the following reliefs :-
"A) Your Lordships may be pleased to issue
a writ of mandamus and/or any appropriate
writ order or direction, directing the
respondents to return the original
documents/mark-sheets/certificates of the
petitioner submitted at the time of
seeking admission for M.S. course with the
respondent no.2 college/institute and also
be pleased to direct the respondents to
refund the fees of Rs.10 lacs
paid/deposited at the time of seeking
admission for M.S. course with the
respondent no.2 college/institute;
B) Pending admission, hearing and final
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disposal of this petition, Your Lordships
may be pleased to direct the respondents
to return the original documents/mark-
sheets/certificates of the petitioner
submitted at the time of seeking admission
for M.S. course with the respondent no.2
college/institute and also be pleased to
direct the respondents to refund the fees
of Rs.10 lacs paid/deposited at the time
of seeking admission for M.S. course with
the respondent no.2 college/institute;
C) Your Lordships may be pleased to pass
such other order that may be just and
necessary in the facts and circumstances
of the case in favour of the petitioners."
2. On 22.10.2019, this Court had passed the
following order :-
"1. RULE returnable on 09.12.2019.
2. For the purposes of interim relief, the
limited question today for consideration
is whether, pending the petition, the
petitioner's documents which he tendered
at the time of admission, ought to be
returned to him so that he can think of
pursuing his course of Master of Surgery
or any other course that he wishes to,
from the next academic session, fully
being aware of the fact that he will lose
one year. The larger issue whether the
fees can be refunded of a candidate who
has withdrawn himself from pursuing the
course of Master of Surgery, shall be
considered at the time of final hearing.
3. Short facts of the case are that the
petitioner opted for being admitted to a
course of Master of Surgery with the
respondent institute. At the time of
admission, a sum of Rs.10 lakh was paid as
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fees towards first semester by the
petitioner. He joined the college on
08.05.2019. It is his case in the petition
that he was alloted emergency unit
continuously without break and he faced
ragging at the hands of his seniors.
Traumatized by this experience, he left
the course midway and did not attend the
college. It is in this background of facts
that the petitioner has approached this
Court with the prayer twofold viz. the
return of documents and refund of fees.
4. Mr.Amit Thakkar learned advocate for
the petitioner submitted that from the
reading of the notice given by the
petitioner's advocate, it is apparent that
because of the trauma suffered by the
student due to ragging to him at the hands
of his seniors, the petitioner-student
left the course.
5. On issuance of notice, Mr.Anuj Trivedi
learned counsel for the institute has
filed affidavit in reply. Preliminary
contention is raised as to maintainability
of the petition. On merits, it is
contended by learned counsel Mr.Trivedi
that in view of Rule 13 of the Admission
Rules, no fees can be refunded. Rule 13 of
the Admission Rules reads as under:
"13. No Admission on Vacant Seats after
Specific Date.-
Admission shall be granted in any
Professional Post-graduate medical
educational colleges or institutions on or
before the date specified by concerned
council for the concerned admission year.
No admission shall be granted on the
vacant seats after the said date."
6. From the aforesaid rule, it is evident
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that in the event the student withdraws
midway and the seat cannot be filled in,
institute suffers heavy losses because of
having lost that seat. Since the
petitioner has paid Rs.10 lakh as fees, in
consonance with the resolution dated
22.08.2019, unless and until the student
pays half of the fees of the remaining
full course; which amount in this case is
Rs.25 lakhs, the original documents of the
student cannot be released.
7. Mr.Amit Thakkar learned counsel for the
petitioner has invited attention of this
Court to the admission rules dated
13.03.2018. Reliance is placed on Rule
15(iii)(b) thereof which reads as under:
" 15. Cancellation of Admission and Refund
of Fee.-
(iii)(b) In case of a candidate
withdrawing his candidature after
completion of admission process, for any
reason whatsoever, he may request in
writing to the college or institution in
which he is granted admission, for refund
of fee paid by him. In such case the fee
may be refunded, by such college or
institution."
8. Mr.Trivedi relies on a judgment in case
of Sanjat Suman Lenka, Son of Bibhuti
Bhusan Lenka v. Medical Council of India
and Others reported in 2017 SCC OnLine Kar
1275 of Karnataka High Court and relies
specifically on para 53 and 54 thereof.
This Court is not in agreement with the
view because the judgment would be
applicable only in cases where there are
no rules. In the present case, as it is
evident from the Rule 15(iii)(b)
reproduced herein above, asking the
petitioner to give a bond would tantamount
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indirectly to compel him to pay fees.
9. What is evident from the reading of the
Rule therefore is in case of the candidate
withdrawing his candidature for any reason
whatsoever and if a request is so made to
the college, the college can consider the
refund of fee to the student. This however
shall be decided finally at the time of
final hearing. Today, prima-facie the
contention that unless and until the
outstanding amount of Rs.25 lakhs i.e.
half of the amount of full fees is
deposited before the respondent institute,
the documents shall not be returned to the
student, deserves to be rejected for the
following reasons.
10. The circumstances under which the
petitioner is compelled to withdraw from
the course indicate that he was harassed
by his seniors. Pleadings in the petition
indicate that he was traumatized and
therefore could not attend his course.
Once having found himself in such a
situation and having approached this
Court, to ask the petitioner to deposit as
an interim measure Rs.25 lakhs and only
then return documents would be highly
prejudicial to his future academic
pursuits.
11. The anxiety today is that the schedule
of examination of NEET and other procedure
would start for the petitioner to enable
to start afresh.
12. By way of interim order, therefore,
the following documents are directed to be
released by the institute to the
petitioner within a period of two weeks
from the date of receipt of this order.
The documents are as under:
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Allotment Letter of ACPPGMEC
Tuition Fee Receipt
All Year MBBS Marksheets Of SMT.
N.H.L. MUNICIPAL MEDICAL COLLEGE,
AHMEDABAD
12 months Internship completion
certificate of Institute/University
Copy of NEET - 2019 Marksheet
Provisional Registration of Gujarat
Medical Council / Gujarat Dental
Council OR Medical Council of India
(In case of fresh candidates only
who have just completed their
internship)/Permanent registration
of Gujarat Medical Council / Gujarat
Dental Council OR Medical Council of
India (In case of old pass out
candidates)
Document showing place of birth &
Date of Birth & Indian Citizenship
(School leaving Certificate /
Transfer Certificate / Passport /
Birth Certificate)
Candidate has to bring Envelope Size
(11 x 15 inch)
13. Direct service of this order is
permitted.
3. Pursuant to the order passed by this Court dated
22.10.2019 in the present petition, the
respondent No.2 has returned all the original
documents/mark-sheets/certificates to the
petitioner. In view thereof, the grievance of
the petitioner stands addressed and satisfied.
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4. With regard to the second part of the relief,
i.e. " direct the respondents to refund the fees
of Rs. 10 lacs paid/deposited at the time of
seeking admission for M.S. course with the
respondent no.2 college/institute" it was stated
on instructions by learned advocate Mr. Amit
Thakkar that the petitioner does not desire to
press for or seek the said relief. The
petitioner no longer seeks refund of any fees or
amounts deposited with the respondent no.2 and
upon instructions from the petitioner, it was
further stated that he would not initiate or
pursue any proceedings in future as well. It was
also stated, upon instructions, by learned
advocate Mr. Amit Thakkar that the petitioner
hereby waives his right to seek the refund of
any amount paid to the respondent No.2.
5. In view of above background and submissions made
by learned advocate Mr. Amit Thakkar, learned
advocate Mr. Anuj Trivedi appearing for the
respondent No.2, upon instructions submitted
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that in view of peculiar facts and circumstances
of the present case, the respondent No.2 shall
not apply the resolution dated 22.8.2019 of the
executive committee for recovering half of the
balance fee of the full course in the case of
present petitioner. Upon instructions, learned
advocate Mr. Anuj Trivedi further submitted that
the amount already been paid by the petitioner
shall remain with respondent No.2 as academic
year is already over and the petitioner was
enrolled with respondent No.2 in the said
academic year. The respondent No.2 states that
it would not initiate or pursue any proceedings
to seek the balance fees of the course from the
petitioner in future as well and the aforesaid
statement was made by learned advocate Mr. Anuj
Trivedi upon instructions from the respondent
No.2.
6. In light of the above, as no grievance remains
between the parties, the petition stands
disposed of in view of the above submissions of
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the parties. The aforesaid is in the peculiar
facts and circumstances of the present case and
the same shall not be treated as a precedent.
7. In view of above consensus arrived at between
the parties, petition is disposed of. Rule is
discharged. No order as to costs.
(NIRZAR S. DESAI,J)
Pallavi
