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2021 Supreme(Raj) 182

RAMESHWAR VYAS, SANGEET LODHA
Deepesh Singh Beniwal S/o Late Shri Yashpal Singh Choudhary – Appellant
Versus
Union of India, through its Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Near Udyog Bhawan Metro Station, Maulana Azad Road, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Deepesh Singh Beniwal,
For the Respondent: Mr. Mukesh Rajpurohit, Mr. Navneet Singh Birkh, Mr. R.S. Saluja, Mr. Manish Vyas, Mr. Kailash, Mr.Vikas Balia with Mr. Kunal Bishnoi, Mr. Hemant Dutt with Mr. Keshar Singh, Mr. Akhilesh Rajpurohit with Mr. Milap Chopra, Mr. Kamlakar Sharma, Ms Alankrita Sharma

ORDER :

Sangeet Lodha, J.

1. This writ petition (PIL) has been filed by the petitioner, an advocate by profession, challenging the condition imposed by the respondents private medical institutions that the students seeking admission to MBBS Course to submit bank guarantee against the annual fees for next 3½ years of course duration in addition to deposit of annual fee for the first year of the course, at the time of admission.

2. The relief clause contained in the writ petition reads as under:

    “(i) the respondent private medical colleges be directed to accept bond (in place of bank guarantee) and that too only from such students with regard to whom the institutions feel that any student/students might leave the Institutes midterm.

(ii) the State and the private medical colleges be directed not to seek submission of bond/bank guarantee as a matter of course on the pretext of Judgment of Hon’ble Apex Court in the case of Islamic Academy of Education as no such directions have been given by the Hon’ble Apex Court.

(iii) that the action of the respondents in calling upon the students to submit bond/bank guarantee at the time of admission against the tution fee for remaining course duration

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