The petitioner herein has approached this Court

seeking a writ of mandamus directing respondent No.1

to refund the amount of Rs.10,00,000/-.

2.

It is the case of the petitioner that she was

initially admitted to first year Bachelor of Dental

Surgeon Course in the ESI Dental College managed by

the respondents. Since the petitioner got a seat in

Koppal Institute of Medical Sciences at Koppal, she got

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herself admitted in the said college and had sought for

the return of the documents from the respondents

college wherein she was initially admitted for her first

year

Bachelor

of

Dental

Surgeon

course.

The

respondents allegedly have returned all the documents

but they have collected a sum of Rs.10,00,000/- from

her in terms of the bond said to have been executed by

the petitioner. It is under these circumstances, the

petitioner has approached this Court.

3.

Learned counsel appearing for respondents

submits

that

the

demand

draft

for

a

sum

of

Rs.10,00,000/- which was furnished by the petitioner

has not been en-cashed by them and the said demand

draft has already lapsed and in spite of the request

made by the respondents the same has not been

revalidated and therefore the prayer made by the

petitioner

in

this

petition

will

not

survive

for

consideration.

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4.

Having regard to the submission made by the

learned counsel appearing for the respondents no relief

can be granted to the petitioner in this petition as the

prayer itself has been rendered infructuous.

5.

At this juncture, the learned counsel for the

petitioner submits that the respondents have not

returned the original Demand Draft and therefore, the

petitioner is not in a position to take back the amount

from the Bank. He submits that the respondents cannot

withhold the Demand Draft as they have wrongly

collected the same and he has referred to the bond

executed by him. He has also relied upon the judgment

of Hon'ble High Court Panjab and Harayana in support of

his case. He prays that direction be issued to

respondents to return the original of the Demand Draft

which admittedly has expired.

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6.

The learned counsel for the respondent No.1

has submitted that the petitioner has abandoned the

course and therefore having regard to the bond

executed by her, the respondents are justified in

collecting a sum of Rs.10,00,000/- from the petitioner

and therefore, the prayer made for return of the original

Demand Draft cannot be considered.

7.

From the reading of the bond executed by the

petitioner, which is produced at Annexure-A, it is clear

that the same has been executed as an indemnity only

in the event the petitioner does not serve the

respondent - Institution after she successfully completes

her graduation. In the case on hand, the petitioner has

abandoned her admission in the institution of the

respondent at inception level and she got admitted in

KIMS, Koppal. Therefore, the respondents were not at

all justified in collecting a sum of Rs.10,00,000/- from

the petitioner for the purpose of return of her original

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documents. The Hon'ble High Court of Panjab and

Harayana in almost identical circumstances has held that

the bond executed by the student has no nexus with the

admission of the student but with the service only and

therefore, the respondent therein had committed a

patent error in asking the petitioner therein for

submitting the UG bond for a sum of Rs.7.5 lakhs as a

condition

precedent

for

releasing

his

testimonials/educational

certificates.

Under

the

circumstances, even in the present case, I am of the

view that the respondents are not justified in collecting

the Demand Draft from the petitioner for a sum of

Rs.10,00,000/- and since admittedly they have not en-

cashed the same, for the purpose of enabling the

petitioner to seek refund of the said amount from the

Bank, they are required to return the original Demand

Draft to the petitioner. Accordingly, they are directed to

return the original of the Demand Draft bearing

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No.367210 drawn on State Bank of India dated

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