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Medical Cadet Udayveer Singh Saini vs Union Of India Through Defence ... on 11 January, 2022

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~83
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 529/2022 & CM APPL. 1515/2022
                                   MEDICAL CADET UDAYVEER SINGH SAINI ..... Petitioner
                                                        Through       Dr. Sunil Kumar Khattri, Advocate.

                                                        Versus

                                    UNION OF INDIA THROUGH DEFENCE SECRETARY & ORS.
                                                                         ..... Respondents
                                                        Through       Mr. Ranvir Singh, CGSC with
                                                                      Mr. Anshuman, Advocate.
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                ORDER

% 11.01.2022 The hearing has been done by way of video conferencing. Present writ petition has been filed challenging clause 4(c)(i)(ae) of the Agreement dated 15th July, 2019 and letter of Respondent No. 3 dated 31st July, 2021 whereby the Petitioner's father was asked to deposit cost of training @ Rs. 28,166/- per week with effect from 2nd July, 2021 till completion of his MBBS Course as a condition precedent to allowing the Petitioner to continue with the MBBS course. Petitioner also seeks directions to the Respondents to allow the Petitioner to complete his MBBS course without payment of any cost or charges imposed on him after he was declared as Non Service Liability (NSL), including training cost, mess charges, etc. or in the alternate to restrict the cost or charges imposed on the Petitioner to that payable by a student of MBBS of same seniority in a Government of India Medical Institution.

Learned counsel for the petitioner states that the Petitioner is a Medical Cadet in his Second Professional year of MBBS Course in Armed Forces Medical College, Pune, (AFMC), which he joined on 15th July, 2019. He states that during the training curriculum, while playing organised games in AFMC, the Petitioner fell ill and on medical evaluation, he was diagnosed with a tumour in his brain. He further states that as per the advice of the doctors, the Petitioner underwent surgery that is left frontal craniotomy in Command Hospital, Southern Command Pune with excision of tumour on 21st September, 2019 and then rejoined his duties as per curriculum.

Learned counsel for the petitioner states that the Petitioner was examined by the Armed Forces Medical Board on 9th March, 2021 and was declared unfit for commissioning as an officer in the Armed Forces Medical Services on completion of his training. He states that a Review Medical Board examined the Petitioner on 10th April, 2021 and kept him in the low medical category as earlier. He further states that on the recommendation of the Medical Board, the Petitioner was declared as a NSL and unfit for commissioning on 2nd July, 2021 and permitted to continue the MBBS training on payment of applicable charges.

Learned counsel for the petitioner states that vide impugned letter dated 31st July, 2021 the Petitioner's father was asked to deposit cost of training @ Rs. 28,166/- per week with effect from 2nd July, 2021 till completion of his MBBS Course as a condition precedent to allowing the Petitioner to continue with the MBBS course. He states that the Respondents are demanding Rs. 14 Lakhs per annum as training fees from the Petitioner for completing his course at Armed Forces Medical College, Pune which is significantly higher than the fees charged by the other Government Medical Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.01.2022 14:22:48 Colleges. He points out that in case a Medical Cadet does not opt for Service after completion of his MBBS course, his liability is limited to paying the full Bond amount of Rs. 30 lakhs, which is lower than the cost of training and other expenses fastened on the Petitioner for his residual period of training, i.e., Rs. 43 Lakhs. He further states that the Petitioner was declared as a NSL due to a brain tumour which was beyond his control. He also states that as the Petitioner is not in a financial position to pay his training cost, he will not be allowed to continue with his MBBS course.

Learned counsel for the petitioner states that the Petitioner has been asked to pay the training fees in accordance with clause 4(c)(i)(ae) of the agreement dated 15th July, 2019.

Issue notice.

Mr. Anshuman, Advocate accepts notice. He prays for and is permitted to file a counter affidavit within six weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

Till further orders, the impugned clause 4(c)(i)(ae) of the agreement dated 15th July, 2019 and the impugned letter of the Respondent No.3 dated 31st July, 2021 are stayed qua the petitioner only and the petitioner is directed to pay the fees that is payable by student of MBBS of same seniority in a Government of India Medical Institution like Lady Harding Medical College, New Delhi.

List on 14th July, 2022.

MANMOHAN, J NAVIN CHAWLA, J JANUARY 11, 2022/AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.01.2022 14:22:48