HC relief to PG medico who surrendered MD Psychiatry seat, says Medical Colleges can recover fees for one year only

Such observation came from the HC bench after it referred to the Supreme Court judgment in the case of Islamic Academy of Education and Another.

"In the instant case, the petitioner has not left the course midstream. The petitioner has, admittedly, surrendered the seat on 24.05.2018, before the last date of counseling. It is also not in dispute that after the petitioner had surrendered the seat, another round of counseling was held on 30.05.2011 by the Karnataka Examination Authority. It is not the case of the Respondent No.5 that the petitioner has left the course midstream. Therefore, in view of the law laid down in Islamic Academy of Education and Another supra, the respondent No.5 has no right in law to demand the remaining course fee of three years course from the petitioner," observed the HC division bench comprising of Justice Alok Aradhe and Justice M G S Kamal.

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The case concerned the petitioner doctor, who after completing his MBBS from BFUHS, appeared in the Post Graduate National Eligibility cum Entrance Test, 2018. He was registered with Karnataka Examination Authority, the designated authority for conducting counseling for admission to P.G. Medical Courses in the State of Karnataka. However, he was not allotted any seat in the first and second round of the counselling. Even though he had also applied in BFUHS, his candidature was considered for admission.

After this, he approached the High Court of Punjab and Harayana for a direction to the university for considering his case for admission to PG medical course as per his ranking in the NEET PG 2018 examination.

Following the directions given by the HC, he was granted admission to Christian Medical College, Ludhiana in M.S.Orthopedics and was admitted to the course as well.

Meanwhile, in the mop-up round of the counselling by KEA, the doctor was granted a seat in MD Psychiatry and following this, the student deposited a sum of Rs 7,74,500 as well as all his original documents with the Karnataka Examination Authority.

However, as soon as the doctor was admitted to CMC Ludhiana, he had informed KEA and the concerned college that he is surrendering his seat in MD Psychiatry course and therefore he requested for handing over the original documents.

It was submitted that the petitioner doctor had surrendered his seat immediately prior to the last date of counselling and much before commencing of the course. In fact, after surrendering the seat, the KEA had conducted another round of counselling on 30.05.2018.

However, the concerned college thereafter in a communication dated 03.06.2018, had asked the petitioner doctor to deposit a sum of Rs 25,32,000. Challenging this, the petitioner doctor approached the court seeking a mandamus directing the DME Karnataka, KEA, RGUHS, and the concerned medical college to return the original documents submitted by him to KEA and a direction upon the college for not insisting on the payment of the tuition fee for the entire duration of three years of MD Psychiatry course.

The counsel for the petitioner doctor referred to the interim order passed by the division bench of the Karnataka HC on 24.04.2019, where the HC had clarified that in compliance of the interim order the original documents have already been returned to the petitioner and the petitioner doctor had already given up the relief of refund of Rs 7,74,500 which was earlier deposited by him.

It was further submitted on the behalf of the doctor that the college was not entitled to seek payments for the entire course as the petitioner had given up the seat much before the last date of counselling and way much before the commencement of the course.

On the other hand, the counsel appearing for the college submitted that if the original documents are returned to the petitioner, the right of the management to recover the fee for three years would not be frustrated.

Although the counsel for the college admitted the fact that after the doctor had surrendered the seat another round of counselling had been held, he also pointed out that since the doctor had not prosecuted the course, the college was deprived from admitting any person to the course in question and therefore, the college was entitled to recover the course fee of entire three years from the petitioner.

After considering the submissions made by both the parties, the HC bench referred to the Supreme Court judgment in the case of Islamic Academy of Education and Another Vs. State of Karnataka and Others. Referring to the top court order, the bench noted, "Thus, it is evident that the institution has only a right to recover the prescribed fee for one semester/year."

"In the instant case, the petitioner has not left the course midstream. The petitioner has, admittedly, surrendered the seat on 24.05.2018, before the last date of counseling. It is also not in dispute that after the petitioner had surrendered the seat, another round of counseling was held on 30.05.2011 by the Karnataka Examination Authority. It is not the case of the Respondent No.5 that the petitioner has left the course midstream. Therefore, in view of the law laid down in Islamic Academy of Education and Another supra, the respondent No.5 has no right in law to demand the remaining course fee of three years course from the petitioner," the court observed at this outset.

To read the court order, click on the link below.