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2011 DIGILAW 2580 (RAJ)

Indraj Saharan v. State of Rajasthan

2011-11-25

ALOK SHARMA

body2011
JUDGMENT 1. - Having passed the M.B.B.S. Course, the petitioner participated for pre P.G. Medical Entrance Examination-2011 and was selected for counselling for admission to a P.G. Course. 2. In terms of Notification dated 18.6.2010, the petitioner was directed by the respondents to deposit original documents and certificates to enable participation in the process of counseling. Pursuant to the notification, the petitioner deposited his original documents/certificates with the respondents. Counsel points out that the notification for the second counselling clearly stated that the call for counselling did not guarantee admission. 3. Counsel submits that under the notification with regard to the procedure for counselling for admission to P.G. Course it was also required that the selected candidates had to submit bank guarantee at the time of joining in favour of the Principal of the admitting College. 4. Petitioner submits that he participated in the counselling and he was selected for PG course in the subject "diploma in Anesthesia" in Sardar Patel Medical College, Bikaner. However, because of family problems, he neither took admission in the College or joined the college nor filled up any bond, where-under he undertook to pursue his PG course in the college allotted. 5. Counsel submits that since the petitioner was not desirous of pursuing his PG course as is evident from the fact that neither he took admission in the College nor joined nor filled up any bond, he requested the respondent University by way of a representation dated 29.6.2010 to return his original documents and certificates submitted at the time of second counselling. However, the request of the petitioner has gone a begging, consequent to which he is suffering great prejudice. 6. Counsel for the petitioner has relied upon a judgment of this Court in Dr. Shailendra Sharma v. The University of Health Sciences (S.B. Civil Writ Petition No. 345/2011) decided on 20.4.2011 , which he submits, applies on all fours to the facts of the petitioner's case. Counsel submits that the Hon'ble Court in the aforesaid case, taking note of the fact that no surety bond had been filled nor admission taken, directed that the original certificates submitted at the time of counselling be returned to the candidate. Counsel submits that the Hon'ble Court in the aforesaid case, taking note of the fact that no surety bond had been filled nor admission taken, directed that the original certificates submitted at the time of counselling be returned to the candidate. Counsel submits that the Hon'ble Court had distinguished the case of those who took admission and filled up bonds as against those who neither took admission nor filled up the bond for pursuing the P.G. Course allotted. 7. Ms. Shruti Dixit, counsel for the respondents has relied upon a judgment of the Division Bench rendered in the case of Dr. Veena Sharma v. State of Rajasthan and others (D.B. Civil Special Appeal (Writ) No. 818/2011, decided on 3.8.2011 , wherein the Hon'ble Division Bench held that the original certificates of the students who took admission into a College and filled up the requisite bonds could not be returned until payment of amount under the bond. 8. Counsel for the respondents however on specific query was fair to admit that the case of the present petitioner is distinguishable from the case of the appellant in DB Civil Special Appeal (Writ) No. 818/2011 decided on 3.8.2011, inasmuch as the petitioner has admittedly neither taken admission to the College nor joined nor executed any bond but only participated in the counselling during which the original certificates were deposited. 9. The case at hand is covered as per the directions issued in SB Civil Writ Petition No. 345/2011, Dr. Shailendra Sharma v. State of Rajasthan decided on 20.4.2011. 10. Consequently, the writ petition is allowed and it is directed that all the original certificates deposited by the petitioner at the time of counselling be returned to the petitioner within a period of one week from submission of a certified copy of this order.Writ petition allowed. *******