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2022 Supreme(All) 988
IN THE HIGH COURT OF ALLAHABAD
Pankaj Bhatia, J.
Dr. Vaibhavi Dhasmana – Petitioner
Versus
State of U.P. Thru. Chief Secy. Gov. of U.P. Lko. And Another – Respondents
WRIT C No. - 5940 of 2022
Decided On : 13-09-2022
Advocate Appeared:
For the Petitioner: Pawan Kumar Nigam, Ram Babu Singh
For the Respondent: C.S.C., Kshitij Mishra
The petitioner is entitled for refund of entire security deposit in accordance with the Government Order dated 7.10.2021.
Headnote:
refund - security deposit - 7 October, 2021 - The petitioner participated in the UP NEET Counseling 2021 and was allotted seat in M.D. Anesthesia by respondent no.2, the State Counseling Board. Subsequently and prior to the second round of counseling, the petitioner got admission in Hemwati Nandan Bahuguna Uttarakhand Medical Education University, Dehradun on 28.1.2022, which fact was informed by the petitioner to the respondents on 31.1.2022 along with a copy of the allotment letter. The petitioner sought refund of the security deposit. The court held that the petitioner is entitled for refund of entire security deposit in accordance with the Government Order dated 7.10.2021.
Fact of the Case:
The petitioner sought refund of the security amount deposited after the first round of counseling as the petitioner got admission in another medical college prior to the second round of counseling.
Finding of the Court:
The court found that the petitioner is entitled for refund of entire security deposit in accordance with the Government Order dated 7.10.2021.
Issues: Whether the confiscation of security deposit is bad in law and whether the petitioner is entitled to refund of security amount.
Ratio Decidendi: The court held that the petitioner is entitled for refund of entire security deposit in accordance with the Government Order dated 7.10.2021. The court also found that the respondents are not entitled to resort to penal clause as contained in the guidelines for recovering damages over and above what they can establish.
Final Decision: The present petition deserves to be allowed and is ordered accordingly. Respondent No.2 is directed to refund the amount of Rs.2,00,000/- deposited by the petitioner as security deposit within a period of four weeks from today. In the event the amount is not refunded within a period of four weeks from today, the same shall carry interest at the rate of 6% per annum from the date of application for refund till payment/realisation.
JUDGMENT :
1. Heard learned counsel for the petitioner and Shri Sanjay Bhasin, learned Senior Advocate assisted by Shri Kshitij Mishra, learned counsel appearing for respondent no.2.
2. Present petition has been filed seeking refund of the security amount deposited by the petitioner after first round of counseling.
3. The facts in brief are that, the petitioner participated in the UP NEET Counseling 2021 and was allotted seat in M.D. Anesthesia by respondent no.2, the State Counseling Board. Subsequently and prior to the second round of counseling, the petitioner got admission in Hemwati Nandan Bahuguna Uttarakhand Medical Education University, Dehradun on 28.1.2022, which fact was informed by the petitioner to the respondents on 31.1.2022 alongwith a copy of the allotment letter. In the said application, there was a request for refund of the security deposit also.
4. The respondents did not pass any order on the request of the petitioner for refund of the security deposit, as such, the present petition has been filed.
5. Submission of learned counsel for the petitioner is that the State itself has issued Government Order dated 7.10.2021 wherein it is specifically stated in Clause 8(a)(I) that there is a provision for refund of the entire security deposit in the case of a resignation on the ground that the petitioner has been granted admission in a private medical college.
6. In the light of the said Government Order, it is argued that the security amount deposited by the petitioner amounting to Rs.2,00,000/- is bound to be refunded.
7. Learned counsel for the petitioner further places reliance on the directions given in the judgment dated 16.12.2021 passed in Petition(s) for Special Leave to appeal (C) No(s).10487 of 2021; Nihila P.P. v. The Medical Counseling Committee (MCC) & Ors. wherein the Supreme Court ,referred to the modified scheme of allotment of All India Quota which recorded that in terms of the modified scheme, there will be an option for up-gradation and free exit, only in Round 1 of the AIQ counseling. In the light of the said, he argues that the security deposit is liable to be refunded.
8. Shri Sanjay Bhasin, learned Senior Advocate on the other hand argues that in terms of Clause 8(a)(II) of the Government Order dated 7.10.2021, the entire security deposit was liable to be forfeited. Clause 8 is being quoted below:
^^8- R;kx&i= fn;s tkus ds laca/k esa&
¼d½ ;fn vH;kFkhZ 'kS{kf.kd l= 2021&22 dh ÁFke dkmfUlfyax ls vkoafVr gksdj Áns'k ds fdlh Hkh esfMdy@Ms.Vy dh lhV ij Áos'k ÁkIr dj ysrk gS rRi'pkr~%&
¼1½ vH;FkhZ vky bf.M;k ;k vU; Áns'k dh vkmfUlfyax ds ek/;e ls fdlh vU; ij vkoaVu ÁkIr djrk gS vkSj og Áns'k dh ÁFke dkmfUlfyax ls Áosf'kr lhV ls R;kx i= nsuk pkgrk gS ¼R;kx i= ds le; vU; dkmfUlfyax ls vkoaVu dk Áek.k i= ÁLrqr djuk vfuok;Z gksxk½ rks ,sls vH;FkhZ f}rh; dkmfUlfyax dh PokbZl fQfyax ls nks fnu iwoZ ¼mnkgj.kkFkZ ;fn f}rh; pØ dh dkmfUlfyax 24-09-2021 ls ÁkjEHk gksuh gS] rks vH;FkhZ 21-09-2021 dks lk;a 4-00 cts rd½ viuh lhV ls R;kx i= ns ldrk gS ,slh fLFkfr esa vH;FkhZ }kjk tek dh x;h flD;ksfjVh /kujkf'k rFkk f'k{k.k 'kqYd ls fuEukuqlkj dVkSrh djrs gq, okil fd;k tk,xk%&
jktdh; {ks= ds esfMdy@Ms.Vy dkystksa esa Áosf'kr vH;fFkZ;ksa dh tek leLr 'kqYd ds 10 Áfr'kr dh dVkSrh djrs gq, 'ks"k /kujkf'k rFkk /kjksgj /kujkf'k (Security Money) okil ns; gksxhA
futh {ks= esfMdy@Ms.Vy dkystksa esa Áosf'kr vH;fFkZ;ksa dh tek f'k{k.k 'kqYd ls 10 Áfr'kr dh dVkSrh djrs gq, 'ks"k /kujkf'k rFkk /kjksgj /kujkf'k (Security Money) okil ns; gksxhA
¼2½ ÁFke pØ dkmfUlfyax ls vkaoVu ds i'pkr ;fn vH;FkhZ }kjk vkoafVr dkyst esa Áos'k ys fy;k tkrk gS rFkk vH;FkhZ dks vky bf.M;k@vU; Áns'k dh dkmfUlfyax ls dksbZ Hkh vkoaVu ÁkIr ugha gksrk gS] fQj Hkh vH;FkhZ fu/kkZfjr frfFk ¼f}rh; pØ dh PokbZl fQfyax ls nks fnu igys½ ls iwoZ R;kx i= nsrk gS rks ,slh n'kk] esa tek dh /kjksgj /kujkf'k (Security Money) tCr dj yh tk;sxh rFkk f'k{k.k 'kqYd esa ls 50 Áfr'kr dh dVkSrh djrs gq, 'ks"k /kujkf'k okil fy;k tk,xkA
;fn vH;FkhZ ds }kjk fu/kkZfjr frfFk ds i'pkr R;k
