Eklavya Dentral College And ... vs Banwari Lal S/O Shri Ishwarmal ...
2021 Latest Caselaw 7722 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14177/2021

Eklavya Dental College And Hospital, Delhi Jaipur National
Highway,      kotputli,    District      Jaipur      (Raj.)        303108      Through
Director/ Authorized Officer.
                                                                       ----Petitioner
                                      Versus
Banwari Lal S/o Shri Ishwarmal Verma, Aged About 65 Years,
Resident Of A-61, Hasan Kha Mewati Nagar, Alwar Tehsil And
District Alwar (Raj.)
                                                                     ----Respondent

For Petitioner(s) : Mr.Vijay Dutt Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

16/12/2021

Learned counsel for the petitioner submitted that the

petitioner had specifically pleaded before the Permanent Lok

Adalat that the respondent was granted admission in first round of

counselling on 10.07.2018 and she had deposited original

documents along-with fee of Rs.2,75,000/-.

Learned counsel submitted that counselling process was

completed including the mop-up round on 22.08.2018 and as such

the entire admission process was over.

Learned counsel submitted that the respondents on

24.08.2018 had decided to withdraw the entire admission and she

made a request for refund of the amount.

Learned counsel submitted that once the entire process of

admission was over, as such all the seats of petitioner-Institution

were filled and any resignation or withdrawal from admission after

(2 of 2) [CW-14177/2021]

counselling process being over, such candidate cannot be refunded

the amount.

Learned counsel also places reliance on the judgment passed

in S.B.Civil Writ Petition No.17860/2017 B.L.M. College of Nursing

& Ors. Vs. Utsav Sharma decided on 13.10.2017.

Issue notice of the writ petition as well as stay application to

the respondents, returnable on 28 th January, 2022. Notices be

given 'dasti', if prayed.

In the meantime, effect and operation of the order dated

07.09.2021, shall remain stayed.

(ASHOK KUMAR GAUR),J

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