1. Rule. Mr.Hardik Soni, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1, Mr.A.R.Thacker, learned advocate waives service of notice of Rule for respondent No.2 and Mr.P.A.Jadeja, learned advocate waives service of notice of Rule for respondent No.3.

2. The challenge in this petition, preferred under Article226 of the Constitution of India, is to the action of respondent No.3C.U.Shah Medical College (“the College”, for short), in not returning the original documents of the petitioner. Though the petitioner has prayed for the refund of an amount of Rs.5,00,000/, which was paid as fees for the first semester, this prayer has been given up by the petitioner, as recorded in the order dated 16.12.2013 of this Court.

3. The brief factual background in which the petition has been filed, is as follows :

3.1 The petitioner had enrolled in the Post Graduate course of Master of ENT (Ear, Nose, Throat) with respondent No.2Saurashtra University, on 25.08.2013. After the process of counselling was over, the petitioner was admitted to respondent No.3College, which is affiliated to the Saurashtra University (“the University”, for short). On obtaining admission, the petitioner handed over his original certificates/documents to respondent No.3College on 27.08.2013. The petitioner also paid an amount of Rs.5,00,000/towards fees for the academic year 2013 14. While undergoing his studies, the petitioner learnt that the seat/course in which he was enrolled was not recognized by the Medical Council of India (“MCI”, for short). The petitioner was shocked and distressed on coming to know this. He addressed separate letters to the Head of the Department as well as the Dean of respondent No.3 College on 28.10.2013, stating therein, that at the time of counselling by respondent No.2 University, the petitioner was never informed that the seat/course to which he has been given admission was not recognized by the MCI. The petitioner gave a notice dated 13.10.2013, through his lawyer to respondent No.2University and respondent No.3 College, stating that the admission of the petitioner should be treated as cancelled and the fees refunded to him. By a communication dated 13.11.2013, respondent No.3College informed the petitioner that no Post Graduate course can be started without the prior approval and permission of the MCI and, at the appropriate time, the deficiencies, if any, would be made up and the course in which the petitioner was enrolled would be recognized by the MCI, with retrospective effect. The petitioner made several requests to respondent No.3 College for the return of his original documents. During the pendency of the petition, it is stated by the learned advocate for the petitioner, the petitioner has appeared in the examination conducted by Manipal University and has been called for counselling on 13.03.2014. A copy of Online Entrance Test Results 2014 of the Manipal University to this effect has been tendered by the learned advocate for the petitioner for the perusal of the Court.

4. The grievance of the petitioner is that if respondent No.3College does not return his original documents, he would be unable to participate in the counselling process at Manipal University, where he is now interested in pursuing his studies. Aggrieved by the decision of respondent No.3College not to return his original documents, the petitioner has approached this Court by way of the present petition.

5. Mr.S.P.Majmudar, learned advocate for Mr.P.P.Majmudar, learned advocate for the petitioner, has submitted that at the time of counselling, the petitioner was not informed that the seat/course offered to him by respondent No.3College was not recognized by the MCI. Though respondent No.3 College may be permitted to offer the course, its non recognition by the MCI would mean that the petitioner cannot practice outside the State of Gujarat or get employment with the State Government. It is contended that neither i