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2018 DIGILAW 1437 (JHR)

Swarali Krishna Kondwilkar v. Union of India

2018-07-05

RAJESH SHANKAR

body2018
ORDER : The present writ petition has been filed for quashing the order dated 18.06.2018 (Annexure-8 series to the writ petition) issued by the Director, Central Institute of Psychiatry (in short CIP), Ranchi [respondent No.2] whereby the petitioner’s representation for leaving the MD (Psychiatry) Course (2018-21) has been rejected. 2. The factual background of the case, as stated in the writ petition, is that the petitioner after completing MBBS Course, appeared in the National Eligibility Entrance Test (NEET) PG Examination under Scheduled Caste category. The petitioner attended the first round of counseling and vide provisional allotment letter dated 29.03.2018, she was allotted the CIP, Ranchi for MD (Psychiatry) Course. Pursuant to the said allotment letter, she executed a bond furnished by the CIP, Ranchi on 02.04.2018. Thereafter, the certificate verification was done on 04.04.2018 at CIP, Ranchi and she joined the said course at CIP, Ranchi on 01.05.2018. The petitioner had also applied for admission in National Institute of Mental Health and Neuro Sciences (NIMHANS) at Bengaluru for the said course. The said entrance examination was conducted on 25.03.2018 and the result was published on 02.04.2018. On getting successful in the counseling held on 05.06.2018, she was allotted the seat for admission in MD (Psychiatry) Course under Scheduled Caste category vide notice dated 13.06.2018 issued by the NIMHANS, Bengaluru. The petitioner had already submitted a representation before the Director, CIP, Ranchi on 06.06.2018 seeking permission to leave the said course from CIP, Ranchi with an undertaking that she is ready to pay the penalty for leaving the said course as has been stipulated in the bond executed by her. However, the Director, CIP, Ranchi rejected the petitioner’s representation vide the impugned order dated 18.06.2018 giving reference to the order dated 09.05.2017 passed by the Hon’ble Supreme Court in the case of Dar-us-Salam Education Trust Vs. Medical Council of India & Ors. [W.P.(Civil) No. 267/2017] and stating, inter alia, that after the second round of counseling i.e. 23.04.2018 for all India quota seats, the students who have taken admission against the all India quota seats, cannot be allowed/permitted to vacate their seats. 3. Learned counsel for the petitioner submits that the counseling in NIMHANS, Bengaluru was held much after allotment of the seats of PG Course under all India quota through NEET and thus she had no option but to take admission at CIP, Ranchi. 3. Learned counsel for the petitioner submits that the counseling in NIMHANS, Bengaluru was held much after allotment of the seats of PG Course under all India quota through NEET and thus she had no option but to take admission at CIP, Ranchi. If the petitioner is not allowed to leave her PG Course from CIP, Ranchi and to take admission in the NIMHANS, Bengaluru, she will be denied an opportunity to pursue the said course as per her academic pursuits. Once she was made to sign a bond by the CIP, Ranchi to the effect that if she subsequently decides to discontinue the course, the same would be allowed only after payment of appropriate penalty, she cannot now be denied to leave the said course, if she is ready to pay the penalty in terms with the bond. 4. Heard the learned counsel for the parties and perused the materials available on record. 5. The petitioner has sought direction upon the respondent-CIP, Ranchi to allow her to leave the MD (Psychiatry) Course so as to enable her to join the said course in NIMHANS, Bengaluru for her better future prospects. The petitioner has contended in the writ petition that she is ready to pay the penalty as per the bond executed by her at the instance of the respondent-CIP, Ranchi at the time of admission. She thus cannot be denied to leave the said course. For better appreciation of the matter, it would be relevant to quote the relevant part of the bond executed by the petitioner at the time of taking admission in the MD (Psychiatry) Course at CIP, Ranchi, which reads thus:- “8. CONDITIONS FOR LEAVING THE COURSE 8.1 Penalty Clause For Ph.D., M.Phil & DPN:- In case the candidate wants to leave the course without completing it, he/she should inform one month prior to the leaving date, and he/she will have to return the scholarship taken from the Institute (from joining to scholarship last dawn) with 20% compensation. 8.2 Penalty Clause for MD and DPM A. Students who discontinue the course within one month of admission will have to pay a penalty of Rs.10,000/- plus one month salary. B. In respect of those who discontinue the course after one month from the date of admission and within the First Academic Year have to pay Rs.50,000/- plus one month’s salary. B. In respect of those who discontinue the course after one month from the date of admission and within the First Academic Year have to pay Rs.50,000/- plus one month’s salary. C. Those who discontinue the course in II and III Academic Years have to pay Rs.1,00,000/- plus one month’s salary. D. Any student who leaves the course after the last date for closing the admission, he/she will be debarred to appear in this Institute’s Entrance examination for PG course for the next two years. 8.3 Original certificates will be returned to the students/Junior Residents leaving the course through proper channel after submitting no dues certificate. 8.4 Original certificates will be returned only when the students/Junior Residents refund the scholarship/salary with compensation. 8.5 If the students/Junior Residents don’t refund the money within two months, 15% interest will be charged.” 6. On perusal of the aforesaid conditions mentioned in the bond executed by the petitioner, particularly Clause 8.2(B), it would appear that if any candidate discontinues his/her course after one month from the date of admission and within First Academic Year, he/she has to pay Rs.50,000/- plus one month’s salary as penalty. The said bond, however, does not put any stipulation that the candidate cannot leave the said course after the second counseling is over. Thus, at the time of admission, the petitioner was having a legitimate expectation that if she desires to leave the course after payment of penalty fixed in the bond, she would be permitted to leave the same. However, the Director, CIP, Ranchi vide the impugned order dated 18.06.2018, has rejected the petitioner’s application for leaving the said course in view of the order dated 09.05.2017 passed by the Hon’ble Supreme Court in the case of Dar-us-Salam Education Trust (Supra). In the said case, the Hon’ble Apex Court by way of an interim measure has issued several directions relating to the counseling to be conducted by different medical colleges, institutions, autonomous bodies etc. for MBBS Course. In the said case, the Hon’ble Apex Court by way of an interim measure has issued several directions relating to the counseling to be conducted by different medical colleges, institutions, autonomous bodies etc. for MBBS Course. If the Director, CIP, Ranchi was of the view that the order dated 09.05.2017 passed by the Hon’ble Supreme Court would apply for the MD Course also and no candidate would be allowed to leave the MD Course after second counseling, the said information was required to be brought to the notice of the candidates at the time of counseling itself either through circulating brochures or by affixing notices at conspicuous places in the institute campus. It cannot be expected that a candidate would be aware of the order(s) passed by the Court of law from time to time on particular issue. Even as per the order dated 09.05.2017 passed by the Hon’ble Apex Court, it is the duty of the management/administration of the colleges/universities/autonomous bodes etc. to ensure proper implementation of the same. On the contrary, the CIP, Ranchi at the time of admission, got a bond executed by the petitioner to the effect that if she pays appropriate penalty for discontinuance of the course, she would be permitted to do so. Thus, getting the said bond executed by the petitioner at the time of admission by the respondent-CIP, Ranchi itself goes contrary to the order dated 09.05.2017 passed by the Hon’ble Apex Court in the case of Dar-us-Salam Education Trust (Supra). Once a bond at the instance of the respondent-CIP, Ranchi was executed by the petitioner, the Director, CIP, Ranchi cannot be permitted to reject the petitioner’s request for discontinuance of the course on the ground that exit of the candidates from the course is not possible in view of the order of the Hon’ble Supreme Court. In fact, it is the respondent-CIP, Ranchi who failed in its duty to properly implement the order dated 09.05.2017 passed by the Hon’ble Apex Court for which the petitioner cannot be made to suffer. 7. In view of the aforesaid discussions and the peculiar facts of the present case, the impugned order dated 18.06.2018 (Annexure-8 series to the writ petition) issued by the Director, Central Institute of Psychiatry, Ranchi (respondent No.2) is, hereby, quashed and set aside. 7. In view of the aforesaid discussions and the peculiar facts of the present case, the impugned order dated 18.06.2018 (Annexure-8 series to the writ petition) issued by the Director, Central Institute of Psychiatry, Ranchi (respondent No.2) is, hereby, quashed and set aside. The respondent No.2 is directed to allow the petitioner to leave her MD (Psychiatry) Course forthwith on the terms and conditions mentioned in the bond dated 02.04.2018 executed by the petitioner. 8. The present writ petition is accordingly disposed of. Petition disposed of.