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Judgment
The petitioner has been admitted to the 3 year MD General Medicine with the Mahatama Gandhi Medical College, Jaipur in Academic Year 2018-
2019. In terms of the conditions of his admission aside of payment of the admission fee of Rs.27 lacs for the first year, the petitioner is required to
cover the fee for the next two years by way of a bank guarantee of Rs.54 lakhs, in view of the fact that in the event of non payment, the admission
itself would stand canceled automatically, resulting in monetary loss to the college unable as it would be to admit any student to the vacant seat in 2nd/
3rd year.
This petition now has been filed with the prayer that the requirement of deposit of bank guarantee for the remainder two years of the MD Course be
declared to be arbitrary and unconstitutional and the petitioner be allowed to instead secure payment of the two year fee by way of Post Dated
Cheques.
On instructions, Mr. Saransh Saini appears before this Court on behalf of Mahatma Gandhi Medical College, Jaipur. He submitted that the whole
purpose of the deposit of the entire fee for the duration of the course at the time of admission is to safeguard the respondent-medical college’s
financial interests. It has been submitted that huge amounts are expanded by medical colleges for creation of the infrastructure for medical education
at the graduate and post graduate level. Such infrastructure is critical consideration for grant of recognition by the Medical Council of India. It has
been submitted that for this reason the College has to ensure that the students admitted in the medical college/dental college do not leave mid way
through the course, resulting in loss of seats, entailing both national wastage and also irreparable financial loss to the medical college. He submitted
that however in view of the personal difficulty of the petitioner, on instructions the respondent-medical college will accept aside of upfront payment of
one year’s fee at the time of admission bank guarantee/s of Rs.18 lakhs and the remainder fee of Rs.36 lacs by way of 2 post dated cheques of
Rs.18 lacs each towards 2nd/ 3rd year fee.
Mr. Bhrigu Sharma appearing for the petitioner submitted that father of the petitioner is an agriculturist and has no means to give the requisite bank
guarantee. The Court therefore direct that the post dated cheques for each of the remainder two years of the MD General Medicine (GM) course
towards fee be allowed to be deposited instead of cash security/ bank guarantee and it be directed that thereupon the petitioner having paid one year
fee (Ist year) be admitted to the MD (GM) Course in the academic year 2018-19 and his admission not be cancelled.
Heard. Considered.
The issue in the petition is not so much a legal issue. It is more one of equity as it relates to the carrier of a meritorious student. The interest of the
respondent-college has how ever also to be safeguarded for reasons stated by Mr. Saransh Saini and recorded hereinabove.
I am of the considered view that in the facts of the case it would be appropriate to dispose of the petition as under:-
(1) The petitioner would deposit bank guarantee/s ofRs.18 lacs within three days from today.
(2) The father of the petitioner would submit two PostDated Cheques of Rs.18 lacs each favouring the Principal, Mahatma Gandhi Medical College,
Jaipur in respect of remainder II and III Year of MD (GM) Course fee, aside of depositing in advance the fee for the first year at the time of
admission of the petitioner into MD (GM) course. The father of the petitioner would also furnish a personal undertaking favouring the Principal,
Mahatma Gandhi Medical College, Jaipur that he would be personally responsible for encashment of two post dated cheques of Rs.18 lacs each
deposited towards the remainder fee for 2nd and 3rd year for petitioner's admission in the Principal, Mahatma Gandhi Medical College, Jaipur.
It is made clear that in the event of dishonouring of any any of the post dated cheques submitted by the petitioner's father aside of constituting an
offence under Section 138 of the Negotiable Instruments Act, it shall also be construed as a contempt of the court's order, in view of the fact that the
indulgence of the court granted to the petitioner is inter alia based on the undertaking of his father as indicated above.
(3) One Baldev Singh, stated to be maternal uncle of thepetitioner, a Constable in Rajasthan Police posted at Police Station Govindgarh Chomu,
District Jaipur will also give undertaking that an amount of Rs.54 lacs covered by the bank guarantee/s of Rs.18 lacs each and two post dated cheques
of Rs.18 each will be honoured and in the event of any of the amount aforesaid not being recovered towards the petitioner's fee for any reason
whatsoever, the same be recovered from his salary. In this regard signatures of Baldev Singh have also been obtained in the court file as a proof of
his presence in the court and undertaking as orally given out in court.
(4) In view of deposition of fee for the first year by thepetitioner and furnishing of bank guarantee/s of Rs.18 lacs and two post dated cheques of
Rs.18 lacs each along with undertaking of father and maternal uncle of the petitioner, as directed above, it is directed that the petitioner be admitted to
the MD (GM) course to the Mahatma Gandhi Medical College, Jaipur. His admission will not be cancelled despite the condition of any surety bond
to the contrary may have filed.
This order shall not constitute a precedent, passed as it is on its own peculiar facts.
The petition stands accordingly disposed of.