JUDGMENT ( 1 ) THE petitioner has approached this Court raising a challenge to an order dated April 10, 2008, passed by the dean, Mahatma Gandhi Memorial Medical college, Indore, respondent No. 2, whereby a request made by the petitioner for refund of fee deposited by him, while seeking admission in MBBS course, has been rejected. ( 2 ) THE facts on record depict that after having appeared in the All India Pre-Medical Entrance Examination, seeking admission in Medical/dental colleges of the Country, in the All India Quota, the petitioner was required to participate in the couselling process initiated for selection of MBBS/bds courses for the session 2006-07. In the first counselling held in the said admission process, the petitioner was selected for admission to Mahatma Gandhi Memorial Medical college, Indore, and was granted admission in MBBS course. As a consequence thereof, the petitioner deposited the requisite fee. ( 3 ) HOWEVER, since the petitioner belongs to State of Uttar Pradesh, therefore, he also as per rules, applied for participating in second round of counselling, for admission to an alternative seat. The aforesaid request of the petitioner was accepted and he was permitted to participate in the second round of counselling. In the second round of counselling, he was allotted a seat in MBBS course in G. S. V. M. Medical College, Kanpur. The petitioner accordingly, took admission in the said G. S. V. M. Kanpur and paid the requisite fee in Kanpur college also. The petitioner maintains that since he had been granted admission in the aforesaid Medical College at kanpur, under the same admission process in the second counselling, therefore, he was entitled to the refund of the fee deposited by him in Mahatma Gandhi Memorial Medical college, Indore. ( 4 ) THE petitioner had earlier approached this Court through writ petition No. 6613 of 2007. Since the request made by the petitioner had not been rejected by the authorities, till that time, therefore, vide order dated november 16, 2007, the said writ petition was disposed of and the Dean, Mahatma gandhi Memorial Medical College, Indore, was directed to take an appropriate action in the matter. The order dated November 16, 2007 passed by this Court in WP No. 6613 of 2007 has been appended as Annexure P-11 with the petition. The order dated November 16, 2007 passed by this Court in WP No. 6613 of 2007 has been appended as Annexure P-11 with the petition. ( 5 ) NOW the request made by the petitioner has been rejected by the Dean, Mahatma gandhi Memorial Medical College, Indore, through order/communication dated April 10, 2008, a copy whereof has been appended as annexure P-1. ( 6 ) IT is with a challenge to the aforesaid order/communication, Annexure P-1, that the petitioner has approached this Court through the present petition. ( 7 ) THE claim made by the petitioner has been contested by respondents Nos. 2 and 3. It has been maintained that since the petitioner had been selected for admission in mahatma Gandhi Memorial Medical College, Indore, and had actually deposited the fee and had also attended some of the classes, therefore, as per Rule 7. 2 of M. P. Medical and Dental Undergraduate Entrance Examination Rules, 2006 (hereinafter referred to as the Rules), he was not entitled to refund of any fee, except library deposit. In this manner, the respondents have justified the refund of Rs. 4,000/- in total (Rs. 3,000/- as caution money and Rs. 1,000/- as Library deposit ). ( 8 ) I have heard learned counsel for the parties at some length and, with their assistance, have also gone through the record of the case. ( 9 ) THE facts are not in dispute. It is not a matter of any contest between the parties that the petitioner had appeared for admission in all India Pre Medical /pre-Dental Entrance examination, 2006. He had sought admission in Medical Colleges, in MBBS/bds course, in the country, in the quota of all India seats. As per his merit position in the said entrance examination, he was required to appear for counselling. In the first round of counselling, under the said admission process, the petitioner was offered admission to mahatma Gandhi Memorial Medical College, Indore, in MBBS course. The petitioner accepted the aforesaid offer and deposited the requisite fee. However, as per All India pre-Medical /pre-Dental Entrance Examination Rules, (hereinafter referred to as All India Rules) the petitioner was entitled to participate in further round of counselling also to seek admission in a college/institute of his choice. He was thus allowed to participate in the second counselling. The petitioner accepted the aforesaid offer and deposited the requisite fee. However, as per All India pre-Medical /pre-Dental Entrance Examination Rules, (hereinafter referred to as All India Rules) the petitioner was entitled to participate in further round of counselling also to seek admission in a college/institute of his choice. He was thus allowed to participate in the second counselling. In the second round of counselling, the petitioner was granted admission in MBBS course in G. S. V. M. Medical College, Kanpur. Since the petitioner belongs to the State of Uttar pradesh, therefore, obviously, he preferred the aforesaid college offered to him in the second round of counselling. He joined the said college and deposited the requisite fee in the said college. Thereafter, he requested the Authorities of Mahatma Gandhi Memorial Medical College, Indore, for refund of the fee deposited by him. ( 10 ) IN these circumstances, the only grievance of the petitioner, which remains to be adjudicated is, as to whether the petitioner having been granted admission in G. S. V. M. Medical College, Kanpur, in the second round of counselling, in the same admission process for All India Quota, he could be held entitled to refund of the fee deposited by him in Mahatma Gandhi Memorial Medical College, Indore, while granting admission in the first round of counselling, in the same admission process for All India Quota, he could be held entitled to refund of the fee deposited by him in Mahtama Gandhi Memorial medical College, Indore, while granting admission in the first round of counselling. Obviously, since the admission granted to the petitioner in the second round of counselling at Kanpur, was a part of the same admission process, in which he had been granted admission in Indore Medical College, therefore, obviously, the petitioner cannot be required to pay the fee twice over in the same admission process. When the petitioner had been granted admission in a legal process, as per the Rules applicable to him, in Medical College, Kanpur, then obviously, he was entitled to refund of the deposit made by him in Medical College, Indore. ( 11 ) AT this stage, the relevant portion of rule 7. 2 of the Rules, may be noticed as follows. "the amount of security deposit shall be refunded without any interest after successful completion of internship. ( 11 ) AT this stage, the relevant portion of rule 7. 2 of the Rules, may be noticed as follows. "the amount of security deposit shall be refunded without any interest after successful completion of internship. In case of candidate does not join the allotted course, and institution or discontinues study in a course and leaves college before completion of internship due to any reason, his/her claim on security deposit shall be forfeited. " A perusal of rule 7. 2 of the Rules, relied upon by the respondents, indicates that it is only in a situation where a candidate does not join the allotted course or institution or discontinues study in a course and leaves college before completion of internship due to any reason, his/her claim on security deposit shall be forfeited. However, in the present case, as already noticed, the petitioner has not abandoned the admission granted to him in Mahatma Gandhi Memorial Medical college, Indore. As a matter of fact, as per his entitlement, under the All India Rules, the petitioner had requested for participating in second round of counselling. The aforesaid request of the petitioner was allowed as per the said rules. He got admission in G. S. V. M. Medical College, Kanpur in the second round of counselling. Therefore, the aforesaid acceptance of the request of the petitioner in the second round of counselling, cannot be treated to be any abandonment of the course by the petitioner in terms of rule 7. 2 of the Rules. As a matter of fact, the phrase 'course' used in the Rules has to be inferred as a course duly allotted to a candidate in the counselling process. Therefore, if the counselling process envisages two or more rounds, as in the present case, then obviously, a student cannot be penalized, and expected to deposit fee after each counselling take places. That would be a case of extreme hardship to the students. ( 12 ) IT may also be noticed that the first counselling had taken place when the petitioner was granted admission in Mahatma gandhi Memorial Medical College, Indore on June 29, 2006. He had deposited the fee in the said college on July 14, 2006. Even before deposit of said fee, as per All India rules, he had requested for second counselling on July 9, 2006. He had deposited the fee in the said college on July 14, 2006. Even before deposit of said fee, as per All India rules, he had requested for second counselling on July 9, 2006. Thus, the deposit of fee by the petitioner in Mahatma Gandhi Memorial Medical College, Indore, cannot be treated to be even an estoppel against him for denying him the refund of the fee. ( 13 ) IN view of the aforesaid discussion, the present petition is allowed. The order dated April 10, 2008, Annexure P-1, passed by the Dean, Mahatma Gandhi Memorial medical College, Indore, is set aside. Respondents Nos. 2 and 3 are directed to refund the entire fee deposited by the petitioner, by adjusting the amount already refunded to him. The aforesaid refund shall be made to the petitioner within a period of two months from the date a certified copy of this order is received. ( 14 ) ORDER passed separately, signed and dated. Order accordingly. .