Madras High Court
The Secretary vs Dr.R.Aashritha on 31 March, 2023
W.A.No.810 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.810 of 2023
and C.M.P.No.7731 of 2023
1. The Secretary,
Selection Committee,
Directorate of Medical Education,
162, Periyar E.V.R High Road,
Kilpauk, Chennai - 600 010.
2. The Dean,
Madras Medical College,
Chennai - 600 033. .. Appellants
Versus
1. Dr.R.Aashritha
2. Director General of Health Services,
Government of India,
Nirman Bhawan,
New Delhi - 110 108. .. Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the
order, dated 27.06.2019 in W.P.No.14840 of 2019.
For Appellants : Mrs.N.Sneha,
for Selection Committee
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W.A.No.810 of 2023
For Respondents : M/s.Sudharshana Sundar
for R1
JUDGMENT
(Made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy)
The first respondent in the Writ Appeal, Dr.R.Aashritha, was granted
admission to the prestigious Madras Medical College, Chennai in the
second round of counseling on 17.04.2019 in MD (Tuberculosis and
Respiratory diseases) / Pulmonary Medicine UR/MD (Respiratory
Medicine) pursuant to her score in the P.G NEET, 2019. She paid her
tuition fee on the same day i.e., on 17.04.2019 and joined the course on
01.05.2019. However, within two days, she submitted a letter and
discontinued the course. It is stated in paragraph No.6 of the affidavit filed
in support of the Writ Petition that she had to discontinue the course for
sudden change of events in her personal life viz., fixing of her marriage.
Thereafter, when she was ready to forego her tuition fee, the certificates
which includes her M.B.B.S., Degree Certificate, Registration Certificate,
Transfer Certificate etc., which she handed over at the time of joining of the
college, were not returned to her insisting that she has to pay the
discontinuation fee of Rs. 15,00,000/- besides the tuition fee. Aggrieved by
the same, the present Writ Petition is filed.
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W.A.No.810 of 2023
2. The Writ Petition was resisted by the respondents therein by
submitting that as per Clause - 24(c), the petitioner, being a candidate under
All India Quota, if discontinues the course after the last phase of counseling,
is liable to pay the discontinuation fee. The learned Single Judge, after
considering the submissions on both sides, considered the instructions
contained in Clauses - 24(c) & 27(a) and upon a cumulative reading, found
that as per Clause - 27(a), if only the discontinuation had taken place after
the cut-off date for admission, i.e., after 31.05.2019 which is specifically
mentioned in Clause - 27(a), the liability to pay the sum of Rs.15,00,000/-
arises. But, in this case, the discontinuation had taken place on 03.05.2019
i.e., before the cut-off date for the admission and the liability of payment of
Rs.15,00,000/- does not arise and allowed the Writ Petition by directing the
second respondent to return the educational documents. Aggrieved by the
same, the present Writ Appeal is filed by the said authorities.
3. Heard Mrs.N.Sneha, learned Counsel appearing on behalf of the
appellants and Mr.Sudharshana Sundar, learned Counsel appearing on
behalf of the first respondent.
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W.A.No.810 of 2023
4. Mrs.N.Sneha, learned Counsel appearing on behalf of the
appellants, taking this Court through the schedule for counseling, submitted
that the first phase of counseling took place between 27.03.2019 to
03.04.2019 and the second phase of counseling took place between
13.04.2019 to 22.04.2019. As per the said schedule, the non-reported seats,
non-joined seats and vacant seats would be transferred to the State Quota by
6.00 P.M on 22.04.2019 and only such of those seats which are transferred
to the State Quota can be thereafter filled up by way of mop up counseling.
In the case of the petitioner, the petitioner was allotted P.G seat in the
second round of counseling. As per the decision of the Director General of
Health Services, Government of India, Nirman Bhavan, New Delhi, the
candidates, who got admitted under All India Quota in the second round,
will not be able to resign from their allotted seats or participate in any
further counseling. This being the situation, the petitioner cannot resign and
even if she resigns, the seat will not be reverted to the State and accordingly,
one precious P.G Medical Seat at the Madras Medical College went waste
on account of the resignation of the petitioner.
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W.A.No.810 of 2023
5. It is in this context, she would further submit that the State
maintains all facilities including Professors for teaching P.G students who
are limited in number and if the petitioner, in a casual manner, vacates her
seat and leaves it vacant, then the Clauses in the Prospectus cannot be read
in the manner as read by the learned Single Judge. She would submit that
while Clause - 24(c) expressly mentions the candidates of All India Quota.
It can be seen that there is no such express mention of All India Quota
students in Clause - 27(a). Therefore, the mention of the cut-off date i.e.,
31.05.2019 can only be applicable for the State Quota students and as far as
the petitioner, who is a candidate from All India Quota, once she vacates the
seat after the last phase of counseling, which is second round of counseling
in the instant case i.e., after 22.04.2019, then, she is liable to pay a sum of
Rs.15,00,000/-. The State has clearly been put to loss, besides the national
resource of one P.G. Medical Seat had also gone waste.
6. Opposing the said submissions, Mr.Sudharshana Sundar, learned
Counsel appearing on behalf of the first respondent, would submit that even
as per the schedule, it can be seen that there are three phases in the
counseling. Accordingly to her, the first round is the first phase, the second
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W.A.No.810 of 2023
round is the second phase and the mop up round is the third phase. The cut-
off date / last date for admission for P.G. Medical students was only on
31.05.2019, whereas, the petitioner resigned and discontinued on
03.05.2019 itself. Thereafter, the respondents had ample time to allot the
seat to any other candidate in the mop up counseling. Therefore, in that
view of the matter, on a clear and plain reading of Clause - 27(a) of the
Prospectus, it would be clear that if only the first respondent had
discontinued after the cut-off date i.e., on 31.05.2019, she is liable to pay
the discontinuation fee of Rs.15,00,000/-. Therefore, she would pray that
the learned Single Judge has rightly interpreted the terms of the Prospectus
and rendered the decision which does not warrant any interference.
7. We have considered the rival submissions made on either side and
perused the material records of the case. The matter has to be decided only
as per the terms contained in the Prospectus issued by the appellants which
governs the respective rights and liabilities of the parties. It is essential to
extract Clause – 24(c) & 27(a) of the Prospectus which read as hereunder:-
"24.(c). The candidates (All India Quota /
State Quota) who discontinue the course on or
after the last phase of counselling should pay the
Discontinuation Fees besides foregoing tuition
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W.A.No.810 of 2023
fees already paid by them as specified in Clause
37, to the Deans of the respective Colleges, the
sum as specified below in total by means of a
Demand Draft drawn in favour of "The
Secretary, Selection Committee, Kilpauk,
Chennai - 10", payable to Chennai.
For P.G. Diploma Course Rs.10 lakh /Degree
Course Rs.15 Lakh
Unless the aforesaid discontinuation fee as
penalty amount is paid in total, the candidates
will not be relieved and original certificates
produced by the candidates at the time of
admission will be retained by the concerned
institutions.
27.(a). If the candidates discontinue the
course within the stipulated date after any round
of counselling, they will have to forfeit the tuition
fee paid by them. Provided that the candidates
who have discontinued their course after the cuf-
off date (i.e., 31.05.2019) to pay the penalty as
mentioned in the Clause24(c) of the Prospectus."
(emphasis supplied)
8. Though in the teeth of the circular dated 24.04.2019, one can
appreciate the arguments of Mrs.N.Sneha, learned Counsel appearing on
behalf of the appellants that the second round, in this case, is the last phase
of counseling and the mop up counseling, being an exception which is
conducted by the Central Authorities if the admission relating to Deemed
Universities / Central Universities and the State authorities, if the seat fell
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W.A.No.810 of 2023
under the State Quota. Therefore, strictly going by the Clause - 24(c), it
would be clear that the first respondent has to pay the discontinuation fees
of Rs.15,00,000/- since she has discontinued the course on 03.05.2019 after
the last phase of counseling on 22.04.2019. But, the Prospectus also
contains Clause - 27(a) which is extracted above. A plain reading of the
said Prospectus does not make any difference between the State Quota or
All India Quota and it simply provides that if only the candidates who
discontinue their course after the cut off date i.e., after 31.05.2019, they
have to pay the discontinuing fees, otherwise, they will only forfeit their
tuition fees. In that view of the matter, there is apparent conflict and
ambiguity between Clauses - 24(c) and 27(a) of the Prospectus. That being
the situation, it is the appellants who are the authors of the Prospectus and
as per the contra proferentem rule enunciated by the Hon'ble Supreme Court
of India in United India Insurance Co. Ltd. Vs. Pushpalaya Printers1 and
Central Bank of India Vs. Virudhunagar Steel Rolling Mills Limited and
Ors.2, the benefit enures to the first respondent and adversity has to be
borne only by the author of the document and we accordingly hold that the
1 (2004) 3 SCC 694
2 (2015) 16 SCC 207
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W.A.No.810 of 2023
first respondent will not be liable to pay the discontinuation fees of
Rs.15,00,000/-.
9. We also add that the first respondent seems to be a meritorious
candidate and she pleads that she had to discontinue on account of the
personal front. She got admission on 17.04.2019. She even joined college
on 01.05.2019, but within two days, she had decided to discontinue the
course for her own personal reasons, leading to the present situation.
Candidates like the first respondent also should consider that a Post
Graduation Medical seat is a national resource by itself and that there was
another candidate who missed the seat just by a fraction of marks and
therefore, should be more careful in planning their career and personal life.
Only because of the ambiguity in the prospectus, the appeal is dismissed.
10. In the result,
(i) W.A. No.810 of 2023 is dismissed;
(ii) The appellants shall hand over the original certificates of the first
respondent within two weeks from the date of receipt of the copy of the
order;
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W.A.No.810 of 2023
(iii) There shall be no orders as to costs;
(iv) Consequently, connected miscellaneous petition is closed.
(T.R., ACJ.) (D.B.C., J.)
31.03.2023
(2/2)
Index : yes
Speaking order
Neutral Citation : yes
grs
To
The Director General of Health Services,
Government of India,
Nirman Bhawan,
New Delhi - 110 108.
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W.A.No.810 of 2023
T.RAJA, ACJ.,
AND
D.BHARATHA CHAKRAVARTHY, J.,
grs
W.A.No.810 of 2023
31.03.2023
(2/2)
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