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C. HARI SHANKAR
Vaishnavi Verma – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. This writ petition seeks a direction to the University of Delhi ("DU" hereinafter) to refund an amount of Rs.10 Lakhs to the petitioner. The amount was paid by the petitioner, pursuant to a Surety Bond executed by the petitioner at the time of obtaining admission to the postgraduate (PG) course in the University College of Medical Sciences (UCMS), affiliated to the DU.
2. The controversy is brief.
3. In accordance with the schedule fixed by the Supreme Court in its judgment dated 18 January 2016 in Ashish Ranjan v. Union of India, (2016) 11 SCC 225, the NEET-PG examination was conducted for admission to PG courses in medical colleges across the country. The judgment in Ashish Ranjan stipulated strict timelines within which various examination was to be conducted. Insofar as the time schedule for completion of the admission process for PG Medical Courses were concerned, the following timeline was stipulated by the Supreme Court.
| S. No. | Schedule for admission | Broad Speciality | |
| All India quota | State quota | ||
| 1. | Conduct of Entrance Examination | Month of December | Month of January |
| 2. | Declaration of result of the qualifying Exam/Entrance Exam | By 15th of January | By 15th of February |
| 3. | 1st roun | ||
The execution of a Surety Bond involves a conscious bargain, and the student must abide by its terms even in unforeseen circumstances.
The bond agreement is valid and enforceable, and the original certificates must be returned despite non-payment of the bond.
Retention of original certificates as security for payment must be supported by the terms and conditions of admission and lawful authority, and cannot be sustained without proper legal basis.
Retention of original documents without explicit contractual authorization is illegal; respondents must return them while retaining the right to pursue recovery for training costs.
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