Rajasthan High Court - Jaipur
Bhawani Shankar Verma vs State Of Raj & Anr on 3 September, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2271/2010 Bhawani Shankar Verma Versus State of Rajasthan & Ors. DATE OF ORDER : 03/09/2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. P.S. Sharma, for petitioner Mrs. Shruti Dixit, Addl. GC ] Mr. Ankur Saxena for ] for respondents
Dr. A.S. Khangarot ] *** By this writ petition, a direction was sought for return of the original documents of the students who had submitted it on the admission in PG Medical Course and other reliefs as a consequence thereof.
It is a case where petitioner took admission in PG Course. He had submitted a bond to undertake the course. He made application for withdrawal of the documents in between of the course which was not returned by the respondents as amount of Rs.5 lacs (bond amount) were not paid by the petitioner. This court vide interim order allowed return of documents, accordingly the petitioner is now working with ESI.
Learned counsel for petitioner submits that amount of bond may be recovered in easy instalment but the respondents may give 'No Objection Certificate' as he resigned from the course.
Learned counsel for respondents submits that due to withdrawal of petitioner in mid of the course, the seat remain vacant resulting in loss to the Medical College. The bond is taken for that purposes only.
I have considered the rival submissions made by the parties and find that only prayer by learned counsel for petitioner in the changed circumstances is to recover the amount of bond in easy instalment and to accept its withdrawal from PG Course with 'No Objection Certificate'. Taking note of the fact that by the interim order, documents were returned to the petitioner. He is presently working with ESI thus petitioner cannot now undertake PG course hence respondents are directed to give 'No Objection Certificate' however it would be on payment of entire amount of the bond which may be paid in 36 equal monthly instalments. The first instalment will start from 1st October, 2013.
With the aforesaid, writ petition stands disposed of.
[M.N.BHANDARI], J.
FRBOHRA/2271CWP2010.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A