Delhi High Court - Orders
Jasraaj Singh vs Union Of India & Ors on 16 February, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~31 to 35 & 38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15367/2022 & CM APPL 47723/2022
JASRAAJ SINGH ..... Petitioner
Through: Mr. Pankaj Kumar & Ms. Shruti Sharma,
Advocates
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Vikrant N. Goyal, Senior Panel
Counsel alongwith Mr. Abhishek Khanna, G.P.
Ms. Anita Sahani & Mr. Rahul Mourya, Advocates
for Respondent No. 2
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
+ W.P.(C) 15769/2022
TUMGAM KAYE ..... Petitioner
Through: Mr. Aditya Kumar Garg, Advocate
Versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Jaswinder Singh, Advocate for
Respondent Nos. 1 & 3
Ms. Anita Sahani & Mr. Rahul Mourya, Advocates
for Respondent No. 2
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
+ W.P.(C) 15774/2022
ANUSHA AGRAWAL ..... Petitioner
Signature Not Verified
Signed By:PRIYA
Signing Date:22.02.2023
17:51:43
Through: Mr. Aditya Kumar Garg, Advocate
Versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Rahul Sharma, CGSC alongwith Mr.
Rahul Kumar Sharma, G.P. with Mr. C.K. Bhatt &
Mr. Ayush Bhatt, Advocates for Respondent No. 1
Ms. Anita Sahani & Mr. Rahul Mourya, Advocates
for Respondent No. 2
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
+ W.P.(C) 15785/2022
ARIV AZHAGAN SIVAKUMAR ..... Petitioner
Through: Mr. Pankaj Kumar & Ms. Shruti Sharma,
Advocates
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Sushil Raaja, Advocate for UOI
Ms. Anita Sahani & Mr. Rahul Mourya, Advocates
for Respondent No. 2
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
+ W.P.(C) 15789/2022
PALLAVI SAINI ..... Petitioner
Through: Mr. Pankaj Kumar & Ms. Shruti Sharma,
Advocates
Versus
UNION OF INDIA & ORS. ..... Respondents
Signature Not Verified
Signed By:PRIYA
Signing Date:22.02.2023
17:51:43
Through: Mr. T.P. Singh, Sr. Central Govt.
Counsel for Respondent Nos. 1 to 3
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
+ W.P.(C) 16345/2022 & CM APPL 51281/2022
DR. RAKSHITA KOUL ..... Petitioner
Through: Counsel (appearance not given)
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anshuman, Advocate for
Respondent No. 1
Mr. T. Singhdev, Mr. Bhanu Gulati & Mr.
Ramanpreet Kaur, Advocates for NMC
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 16.02.2023
1. After hearing learned counsel for the parties for a while, it is seen that the matter requires detailed hearing.
2. The parties are directed to file their written synopsis alongwith relevant judgments to be relied upon.
3. Learned counsel appearing on behalf of the petitioners submits that their original documents are not being returned by the concerned Colleges on account of non-payment of the bond amount. They state that the seats in question which were allotted to them were permitted to be resigned. Against the seats vacated by them, the other incumbents were allowed to be admitted. According to them, the seats did not go waste.
Signature Not Verified Signed By:PRIYA Signing Date:22.02.2023 17:51:434. Learned counsel appearing on behalf of the respondent submits that the policy in question requires the forfeiture of the bond amount. The same is necessary for various reasons. According to them, if the candidates are allowed to resign, once the seat is allotted, the same would result in unending process of counselling. To complete the process, the forfeiture of the bond amount is necessary.
5. All these contentions will have to be adjudicated, once learned counsel for the parties make their final submissions. As an interim measure, keeping in mind the fact that the petitioners are to appear in the NEET-PG examination and some of them are unemployed as of now, this court finds it appropriate to direct the respondent-Colleges to return the original documents, subject to the outcome of the further directions to be passed by this court on deposition of 50% of the bond amount in question in each case.
6. Needless to state that in case this court decides that the entire bond amount was liable to be forfeited, the petitioners undertake that they will return the remaining amount or the same would be recovered from them in accordance with applicable recovery procedure.
7. In case the petitioner succeeds, the amount deposited by the petitioners will have to be refunded.
8. List on 26th May, 2023.
PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 16, 2023 p'ma Signature Not Verified Signed By:PRIYA Signing Date:22.02.2023 17:51:43