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2020 Supreme(MP) 329

PRAKASH SHRIVASTAVA
Dr. Anshul Jain – Appellant
Versus
State Of M. P. And Others – Respondent


Advocates Appeared:
Shri.Sanjay Jamindar, Learned Counsel, for the Appellant; Shri Amol Shrivastava, Learned Counsel, for the Respondents

JUDGMENT

1. The petitioner has prayed for a direction to the respondent No.3 to refund the amount of Rupees Five lakhs which has been taken from the petitioner as bond/affidavit condition.

2. The case of the petitioner is that the petitioner was admitted in respondent No.3 College from the State quota seat for Post Graduate degree in Doctor of Medicine in Anesthesiology. At the time of admission, petitioner had deposited full tuition fee, hostel fee etc. Additionally the respondent No.3 had got the affidavit dated 6/8/2014 signed from the petitioner stating that after completion of the course, petitioner will do Senior Residentship in the respondent No.3 Institute at least for one year failing which the petitioner will pay Rupees Five lakhs to the Institution in-lieu thereof and that unless the petitioner fulfills this condition she will not be eligible to receive any of her original documents, passing certificate and relieving certificate. The petitioner had completed Post Graduate Degree in Anesthesiology in June, 2017, but on account of some personal family problem the petitioner could not serve as Senior Resident in Respondent No.3 Institute, therefore, respondent No. 3 had refu

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