Judgment 1. On the basis of the 1999 P.G.M.A.T. Test, the petitioner got admission in the diploma course in ENT (DLO) at P.M.C.H. He also took the test in 2000 and on the basis of his merit position in the later test he has been selected for admission in the degree course in ENT (DLO) at D.M.C.H. What, however, comes in his way is a recent decision of this court in Dr. Yashwant Kumar and others V/s. State of Bihar and others, 2001(1) P.L.J.R. 536. In that case this court examined the validity of clause 8 (xii) which was introduced for the first time in the P.G.M.A.T. prospectus for the year, 2000. The provision contained in clause 8 (xii) of the prospectus is as follows: "(xii) : If a candidate who has been admitted in a P.G. Degree/Diploma Course in any speciality, then he will not be eligible for admission in a Post Graduate Degree or Diploma Course of another speciality. However if a candidate has been admitted in Post Graduate Diploma Course of any speciality, then he will be eligible for admission in a Post Graduate Degree Course of the same speciality for the same academic session." 2. In the case of Dr.Yashwant Kumar this court upheld the validity of the aforesaid clause but made a relaxation for the students of the previous batch because in the previous year the students taking admission in a speciality other than the one of their best choice would not be aware that such a restriction was going to be introduced from the next year. However, the relaxation even for the students of the previous year was subject to the condition that they must refund any money which they might have received by way of stipend, salary or honorarium in connection with the P. G. degree or diploma course to which they were admitted in the previous batch. 3. It is this condition imposed by the court which is causing some hardship to the petitioner. 4. For admission to the degree course in ENT (DLO) at D.M.C.H., the petitioner needs a C.LC. and a no dues certificate from the P.M.C.H. where he has been pursuing the diploma course on being admitted there in the 1999 session. 3. It is this condition imposed by the court which is causing some hardship to the petitioner. 4. For admission to the degree course in ENT (DLO) at D.M.C.H., the petitioner needs a C.LC. and a no dues certificate from the P.M.C.H. where he has been pursuing the diploma course on being admitted there in the 1999 session. The Principal, P.M.C.H., however, insists for refund of the entire money received by the petitioner in the diploma course, as directed by this court, before issuing the desired C.L.C. and the no dues certificate. The money which the petitioner is required to refund amounts to about Rs. 52,000/- and the petitioner finds it difficult to arrange this amount in one lump sum in a short while. 5. On hearing Mr. Ram Suresh Roy, learned counsel for the petitioner, Mr. A.A.G. II appearing for the State, Mr. P. K. Shahi for the Controller of Examination, Bihar Combined Entrance Competitive Examination Board and Mrs. Sheema Ali Khan appearing for the Principal, P.M.C.H., this court is of the view that the condition imposed in Dr. Yashwant Kumar may be slightly modified which would cause no prejudice to the Government but would bring a lot of relief to the individual student. A student may find it difficult to refund in one lump sum a large sum which he had earlier received as monthly stipends/salaries. Therefore, without unduly taxing the student, the same objective can be achieved by getting an undertaking from him that he will not claim any stipend, salary etc. in the new course to which he might be admitted till such time as the entire money received by him in the previous course was not fully adjusted. In this way the Government will not be a loser at all because the Government, unlike the individual student, can easily wait for some time for the adjustment of the money previously paid to an individual. 6. To my mind, therefore, it would be just, fair and reasonable if it is left to the option of the concerned student to obtain the C.L.C, the no dues certificate etc. 6. To my mind, therefore, it would be just, fair and reasonable if it is left to the option of the concerned student to obtain the C.L.C, the no dues certificate etc. either by refunding the money received by him earlier in one lump sum or by giving an undertaking in writing that in the new course he would not claim any salary, stipend or any other payments till such time as all the money received by him in the previous course is fully adjusted. In case the student wishes to exercise the option of undertaking for issuance of the desired certificates, he must also make a solemn declaration that those certificates were required for admission to a college within the State and he was not going to take admission outside the State in which case he may obtain the necessary certificates only on making refund of all the money earlier received by him. If the declaration, in a given case is later found to be false, it would be open to the State Government to take appropriate action against the person making the false declaration. 7. The petitioner may accordingly make an application giving such an undertaking and declaration as indicated above. On such an application being made, the Principal, P.M.C.H. will issue him the C.L.C., the no dues certificate and other certificates, if any, as desired by the petitioner. 8. This writ petition stands disposed of with the aforesaid observations and directions.