The petitioner who is a medical student is before 3rd this Court for a writ of mandamus directing the respondent college to return all the original records including the marks cards submitted by him at the time of taking admission and return the tuition fee of Rs. 5,75,000/- and admission fee of Rs. 2,00,510/- paid by him.

2. It is the case of the petitioner that he is the resident of Sunabeda in Odisha State. After completing higher secondary course (12th) from DAV Public School, Bhubaneswar, securing 91.8% marks in All India Senior School Certificate Examination conducted by the Central Board of Secondary Education, New Delhi, (‘CBSE’ for short), with an intention to pursue medical education, he appeared for National Eligibility cum Entrance Test (‘NEET’ for short) which was conducted by the CBSE as per the directions of the Hon’ble Supreme Court of India. The petitioner obtained All India ranking of 11313 and also was eligible for counseling for the 15% of the All India Quota Seats. The petitioner applied for admission to the MBBS Course for the academic year 2016-17 through All India Quota Seats, Government colleges of Odisha and also Consortium of Medical, Engineering and Dental Colleges of Karnataka (‘COMEDK’ for short) for private medical colleges in the State of Karnataka.

3. On 10.08.2016, COMEDK issued calendar of events, as per which the petitioner applied for admission through online as was required to be submitted by 28.08.2016 and the final merit list came to be published on 06.09.2016. On the basis of the ranking of the petitioner, he was provisionally allotted seat at the 3rd respondent college which was confirmed on 17.09.2016 and the last date for admission/reporting to college was fixed on 26.09.2016. The petitioner got himself admitted to the 3rd respondent college on the same day by submitting all the original documents including marks cards and paid a sum of Rs. 5,75,000/- to COMEDK towards tuition fee and Rs. 2,00,510/- for admission fee and Rs. 49,100/- towards hostel admission fee.

4. It is the further case of the petitioner that on 19.09.2016, the Government of Maharashtra issued a notification calling for application from the candidates for the purpose of allotment of seats in respect of 15% of All India College seat surrendered to the State in the Government/ Corporation Medical/dental colleges in the State of Maharashtra. In terms of the said notification, application was required to be submitted between 19.09.2016 to 21.09.2016 and the selection list was to be published by 23.09.2016. The petitioner was eligible to participate in the said selection process and submitted an application. It is the further case of the petitioner that the Hon’ble Supreme Court, by an order dated 26.09.2016 granted an interim order in W.P. No. 652/2016. Therefore, the Government of Maharashtra could not carryout the admission process in terms of calendar of events earlier issued and in terms of the interim order passed by the Supreme Court stated supra, a revised calendar of events was issued on 26.09.2016 and selection list was published on 27.09.2016 and last date for admission was fixed on 28.09.2016 and only one round of counseling and merit list came to be published in terms of the said notification.

5. It is the further case of the petitioner that the Government of Maharashtra published selection list of eligible candidates on 27.09.2016 and name of the petitioner was reflected at sl.no.272 with the selection details as ‘choice not available’. Later on, on the morning of 30.09.2016, petitioner learnt that second list has been published by the Government of Maharashtra in the midnight of 29.09.2016 and petitioner was allotted a Government seat at Swami Ramanand Tirth Rural Government Medical College, Ambajogai District, Maharashtra State (SRTRGMC for short) as per which the candidates were required to join the respective college on the same day. Therefore, petitioner and other students filed W.P. No.10220/2016