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Judgment
Biren Vaishnav, J
This petition was moved on 09.02.2021 and the Court passed the following order:
Heard Mr. Aditya Pandya, learned advocate for the petitioners, Mr. Kaushal Pandya, learned advocate for respondent no. 1 and Mr. Bharat Vyas,
learned advocate for respondent no. 3.
In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a relief for accommodating him in payment of fees pending
the schedule of examinations that begin on 11.02.2021 for 3rd MBBS-II.
Leave to join Veer Narmad South Gujarat University, Surat as party â€" respondent no. 4. Registry to issue notice to the newly added party making it
returnable on 10.02.2021.
At the request of the Court, Mr. Udayan Vyas, learned advocate has appeared for the respondent no. 4 today and sought time to seek instructions.
Today Mr.Kaushal Pandya learned advocate has appeared for respondent nos.1 and 2 and Ms.Nidhi Vyas learned advocate for respondent no.3
and Mr.Udyan Vyas has appeared for Vir Narmad University.
In this petition under Article 226 of the Constitution of India, the petitioner has challenged the communication dated 06.02.2021 by which, the
respondent no.1 institute where the petitioner is pursuing his MBBS course, has demanded an outstanding amount of Rs.19,69,746/- towards
outstanding fees together with penalty and cheque return charges in all.
The case of the institution is that the petitioner was permitted to attend his classes from semester 4 to semester 8 even though the petitioner has not
paid outstanding amount of Rs.5,27,500/- for semester-4; Rs.5,27,500/- for semester semester-5 and Rs.1,31,875/- for semester-9. The actual fees for
each year is Rs.10,55,000/-.
In the petition the case of the petitioner is that due to acute financial crisis on account of the pandemic, the petitioner has not been able to pay his
outstanding fees. It is an admitted possession that though the petitioner's father had given two cheques on 10.09.2018 for the fees of Rs.5,27,500/-
which was outstanding on 31.01.2018 and for the same amount outstanding on 31.07.2018 but both the cheques were dishonored.
It is under these circumstances that the petitioner seeks indulgence for installments in payment of outstanding fees of Rs.11,86,875/- so as to enable
him to appear in the third MBBS Part-II examinations scheduled from tomorrow and which will last till 24.02.2021.
Mr.Aditya Pandya learned counsel for the petitioner would submit that the petitioner be permitted to appear in the examinations on an undertaking
that the petitioner shall file stating therein that he will clear the entire amount of outstanding fees minus the penalty and the cheque return charges of
an amount of Rs.11,86,875/- within a period of four weeks from today.
Mr.Kaushal Pandya learned counsel appearing for respondent nos.1 and 2 would submit that the institution has serious doubts on the genuineness of
the conduct of the petitioner that the petitioner is willing to offer. He would submit that looking to the past history though the outstanding amounts of
Rs.5,27,500/- in two separate installments were due in January 2018 and July 2018, cheques were issued in September, 2018, which were dishonored
for which the institution had to initiate an appropriate proceedings. He would submit that the penalty charges and the cheque return charges are
justified notwithstanding the principal amount of outstanding fees, the petitioner should not be given any indulgence in paying the fees in installments.
Mr.Udayan Vyas learned counsel for respondent no.4-University would submit and support the submissions of the institution.
10.Considering the fact that the petitioner had secured admission to the MBBS course in the year 2016-17 being well aware of the actual fee that he
would have to pay of Rs.10,55,000/-, he cannot now be permitted to wriggle out of this commitment. However, looking to the averments made in the
petition that the petitioner's family may have undergone financial crisis as a result of pandemic, only a limited indulgence can be given to the petitioner
particularly in view of his past conduct in failing in his commitment by issuing cheques which were dishonored of the amount of Rs.11,86,875/- as the
outstanding fees minus penalty and the cheque return charges. The petitioner is accordingly directed to;
(i) Handover cash or bankers cheque or demand draft in the name of the respondent no.1 of an amount of Rs.1,31,875/- to the competent officer of
the respondent no.1 institution on or before 12.02.2021.
(ii) An amount of Rs.5,28,000/- in a similar manner shall be paid in the mode as above on or before 18.02.2021.
(iii) The remaining amount of Rs.5,28,000/- shall be paid in the mode as per (i) above on or before 28.02.2021.
11.The petitioner shall file an undertaking to the effect that he will abide by the terms and conditions enunciated herein above within a period of one
week from today. Failure to file such undertaking and/or abiding with the terms of such undertaking shall automatically disqualify the petitioner of the
benefit of the undergoing of the examinations of the 3rd MBBS-II as per the schedule at page no.23 (Annexure:G).
12.The respondent No.1-Institution and the respondent No.4-University shall have a right to withhold appropriate testimonials of the petitioner such as
the mark-sheets, degree certificate, attempt certificate and consequential entitlement for internship in the event the undertaking is not honored.
It is clarified that as far as the stand of the institution with regard to the penalty and the cheque return charges, the Court will not adjudicate those
issues in this petition under Article 226 of the Constitution of India. A copy of the undertaking shall be supplied to the institution as well as the
respondent No.4-University.
14.Stand over to 02.03.2021.