Irfan Ali Chhipa vs The Rajasthan University of Health Sciences and Others

Sangeet Lodha, J.

By way of this writ petition, the petitioner is seeking directions to the respondent-Rajasthan University of Health Sciences to grant him admission to the course B.Sc. (MLT) against the vacancies available with the respondent-Dr. S.N. Medical College and Associated Group of Hospital, Jodhpur as per the first choice locked by him.

The petitioner appeared in online computer based admission test conducted for admission to Para Medical courses conducted by the respondent-Rajasthan University of Health Sciences. The allotment of the college and course was to be made strictly following the order of merit (category wise), seats available in each course in each college and the priority of choice/option of the college and the course filled in by the candidate in the online application form. The candidates were required to report to the allotted college with the allotment letter and the requisite documents in original and prescribed fee by the notified date. It was specifically mentioned in the advertisement issued that the candidates allotment will stand automatically cancelled if he/she does not report in person to the allotted college as per notified schedule.

The petitioner submitted his preferences/choices of the courses and the colleges. The petitioner had given the first choice for the course B.Sc. (MLT) at Dr. S.N. Medical College, Jodhpur. However, in the first instance, as per the merit-cum-preference of the petitioner, the petitioner was allotted Swasthya Kalyan Institute of Medical Technology and Nursing Education for pursuing the course of B.Sc.(MLT). The petitioner deposited the requisite fees of the college a sum of Rs. 55,000/- as per the directions of the respondent-University on 11.8.14. The petitioner also submitted the original documents as directed by the respondent-University for verification before the concerned college authority.

Later, the petitioner came to know that seats of B.Sc. (MLT) are still lying vacant in Dr. S.N. Medical College, Jodhpur and therefore, he made a representation before the Convener, Rajasthan Centralized Admission to Paramedical Courses, 2014, but to no avail. In the meantime, Dr. S.N. Medical College, Jodhpur issued an advertisement dated 10.9.14 inviting applications for admission against the seats of Under-Graduate Paramedical Courses, which remained vacant even after second round of counseling, which includes 9 seats of B.Sc. (MLT). Pursuant thereto, the petitioner submitted an application for admission against the vacant seat of B.Sc. (MLT).

As per the advertisement issued, the candidates were required to submit all the requisite documents in original at the time of interview and it was further clarified that no affidavit or certificate shall be accepted in lieu of original documents. In these circumstances, the petitioner requested to the respondent No. 3-Swasthya Kalyan Institute of Medical Technology and Nursing Education to return the original documents, however, the authorities of the college sought assurance from the petitioner that on cancellation of the admission, he will not claim the refund of the amount of fee, which the petitioner declined. Hence, this petition.

On 22.9.14, while issuing notices to the respondents, an interim order was passed by this court in favour of the petitioner in the following terms:

"In the meanwhile, the petitioner may be provisionally interviewed for admission to B.Sc.(BMLT) Courses in Dr. S.N. Medical College, Jodhpur. If the petitioner is found eligible for admission to the course as per his merit position in Rajasthan Centralised Admissions to Paramedical Courses Entrance Test 2014, one seat of B.Sc. MLT (BMLT) shall be kept vacant till the next date."

Learned Deputy Government Counsel appearing for the respondent No. 1 and 2 fairly submitted that pursuant to the interim order passed by this court, the petitioner has already been admitted to B.Sc. (MLT) course in Dr.S.N. Medical College, Jodhpur and he is presently pursuing the studies of the course at the said college. Accordingly, it is submitted that the petition filed so far as it relates to grant of admission to the petitioner to B.Sc. (MLT) course in Dr. S.N. Medical College, Jodhpur has rendered infructuous.

Learned counsel for the petitioner submitted that on the admission being granted to the said course in Dr. S.N. Medical College, Jodhpur, the petitioner was made to deposit the fee afresh and therefore, the respondent No. 3 deserves to be directed to refund the amount of fee deposited by the petitioner, forthwith. Learned counsel submitted that as per the Guidelines laid down for allotment of the college and admission to the course, if a candidate is allotted a college and in the next round upgraded to another college then his full fee deposited shall be transferred/refunded (without any deduction to the new college) and therefore, the respondent No. 3 cannot be permitted to retain the fee deposited by the petitioner.

Indisputably, as per the norms laid down, on the allotment of the college, the candidate was under an obligation to deposit the prescribed fee and the requisite documents in original by the notified date with the college else, the allotment made would have stood cancelled automatically. In this view of the matter, while awaiting for the admission to the college of his preferential choice, the petitioner had no option but to deposit the fee with the allotted college, the respondent No. 3 herein. But since, subsequently, the petitioner stands admitted to Dr. S.N. Medical College, Jodhpur and he has deposited the prescribed fee therefore, the petitioner is entitled for refund of the fee deposited by him with the respondent No. 3-Swasthya Kalyan Institute of Medical Technology and Nursing Education.

In the result, the writ petition is disposed of with the directions to the respondent No. 3-Swasthya Kalyan Institute of Medical Technology and Nursing Education to refund the entire amount of fee deposited by the petitioner without any deduction, within a period of two weeks from the date of receipt of certified copy of this order. No order as to costs.