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2020 Supreme(All) 1190
IN THE HIGH COURT OF ALLAHABAD
B.K. Narayana, Ravi Nath Tilhari, JJ.
Yasir Ali Khan - Appellants
Vs.
State of U.P. and Ors. - Respondent
Civil Misc. Writ Petition No. 44309 of 2017
Decided On : 04-02-2020
For the Appellant : Birendra Pratap Singh
For the Respondents: C.S.C. and Mahendra Pratap
Headnote:
Army Act, 1950 - Constitution of India - Article 14 – Illegal and arbitrary – Claim of compensation - Facts of present case are that petitioner appeared in National Eligibility cum Entrance Test Counseling- Course conducted by and thereafter he appeared in counseling and his registration wherein the petitioner's original documents were verified at document verification center College Agra - Petitioner submitted a demand draft security money in favor of Director Medical Education-respondent-2 - In second counseling petitioner was allotted to be deposited at the time of admission in allotted college and security money of to be adjusted in it – Held, It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favorable interpretation of law- It is sound principle that he who prevents a thing from being done shall not avail himself of nonperformance he has occasioned - To put it differently, "a wrong doer ought not to be permitted to make a profit out of his own wrong – Court are not convinced with submission of learned counsel for that in absence of any challenge to with respect to security money clause contained therein any relief of refund of the security amount cannot be granted to the petitioner, inasmuch as the manner in which court have read aforesaid Government Orders and Brochure make provisions relating to security money its refund/forfeiture equitable and reasonable - On other hand if court read above provisions in manner suggested by learned counsel for isolation from schedules prescribed for declaration of result and taking of admission in allotted college that would confer arbitrary powers on authorities to forfeit security money in all the cases including those cases where fault does not lie on part of candidate but lies on authorities – Appeal allowed
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri Birendra Pratap Singh, learned counsel for the petitioner, learned Standing Counsel for respondents-1 and 3 and Sri Mahendra Pratap, learned counsel for respondent-2.
2. The present writ petition has been filed by the petitioner for the following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take admission in 1st year M.B.B.S. Course 2017-18 in the allotted college of respondent No. 3 namely T.S. Mishra Medical College and Hospital Lucknow (Private) Co-Education which is allotted in second counseling held by respondent No. 2.
(c) Issue a writ order or direction in the nature of mandamus for refunding the counseling fees of Rs. 2 lakh to the petitioner deposited to the D.G.M.E.&T, Lucknow through D/D.
(b) Issue any other appropriate writ, order or direction which this Hon'ble Court may deems fit and proper in the demand of justice.
(c) Allow the writ petition with cost."
3. The facts of the present case are that the petitioner appeared in National Eligibility cum Entrance Test Counseling-2017 NEET 2017 for admission in M.B.B.S//B.D.S. Course conducted by C.B.S.E. Board and got NEET marks 170 and NEET Rank 413792 and thereafter he appeared in U.P. NEET U.G. counseling and his registration No. was 1000122, wherein the petitioner's original documents were verified at the document verification center S.N. Medical College Agra. The petitioner submitted a demand draft of Rs. 2-00 lac as security money in favour of Director, Medical Education-respondent-2. In the second counseling, the petitioner was allotted T.S. Mishra Medical College and Hospital, Lucknow (Private Co-education) by respondent-2. The total fee for the first year, was Rs. 22,01,000/- to be deposited at the time of admission in the allotted college and the security money of Rs. 2-00 lac was to be adjusted in it. The Director, General Medical Education/respondent-2, who was the Chairman of the counseling Board, issued a Schedule dated 4.8.2017 (Annexure-3 to the writ petition), for the second counseling and as per the said schedule the documents verification was to be done between 9th August and 12th August, 2017 (both dates inclusive) and merit list was to be published on 13th August, 2017. The candidates were required to fill choice on 18th August, 2017 and the result was to be declared on 19th August, 2017. The candidate was to download the result and take admission in the allotted institute on 20th and 21st August, 2017.
4. Further case of the petitioner is that the result of the counseling was not published on 19th August, 2017 but was published on 20th August, 2017 at 1-30 p.m. and thereafter, the petitioner acquiring knowledge that he was allotted T.S. Mishra Medical College and Hospital, Lucknow, on 21.8.2017 itself contacted the allotted college for admission and requested that some time for deposit of admission fee be given but the petitioner's request was turned down. The petitioner on 21st August, 2017 reporting about the College, sent messages on g-mail to respondent No. 2. On 22nd August, 2017 all India banks were on strike and after opening of the Bank on 23rd August, 2017, the petitioner got prepared the demand draft for Rs. 8,50,000/- from Axis Bank. The petitioner again requested the respondent-2 on 28th August, 2017 through g-mail for mop up round but no response was received, although many students were allowed to appear in mop up round who had already availed the earlier counseling and college was also allotted to them. This continued up to 31st August, 2017. On 2nd September, 2017, the petitioner sent a representation via g-mail to the respondent-2 (Annexure-6 to the writ petition) raising all the grievances therein which was followed by representation dated 6.9.2017, but, the respondent-2 neither permitted the petitioner to take admissio
