Order

Heard learned counsel for the parties.

The present writ petition has been filed with a prayer that the respondent- AIIMS, Jodhpur may be directed to return the original documents to the petitioner as mentioned in the list of documents (Annex.3) and the respondents may be restrained from raising any illegal demand of forfeiting the amount deposited by the petitioner on account of his non-joining of the PG Course.

Briefly noted facts of the present case are that the petitioner after completing his Graduation appeared in the Common Entrance Test conducted for admission in PG/MD Course in the month of November, 2022. The result was declared and the petitioner secured his merit position at Serial No.22436. However, the petitioner did not participate in the main counseling rounds held by the respondents. Since the respondent AIIMS, Jodhpur had certain seats vacant and therefore, vide notification dated 24.02.2023, spot counseling was held for admission to PG/MD Courses on 27.02.2023. The petitioner participated in the spot counseling and was allotted a seat in Forensic Medicine Toxicology. The petitioner submitted his original documents but he did not deposit the Demand Draft of Rs.5,00,000/- (Rupees Five Lakhs), though he joined the course on 28.02.2023. The petitioner after joining the course did not feel convenient to continue with the course and therefore, he asked for returning all his original documents but the same was denied on account of the fact that he did not deposit the amount of Rs.5,00,000/-(Rupees Five Lakhs only). Hence, the petitioner has preferred the present writ petition before this Court.

Learned counsel for the petitioner vehemently argued that the demand of Rs.5,00,000/-(Rupees Five Lakhs only) is arbitrary

and unreasonable as there was no condition in the Notification for spot counseling which is placed on record as Annexure-2. He submits that the petitioner hails from a very humble background. He participated in the spot counseling only on the ground that there was no condition required for depositing the demand draft of Rs.5,00,000/-, therefore, the respondents cannot insist for deposition of the same and refuse to hand over the original documents to the petitioner. Learned counsel vehemently submits that the condition mentioned in the Brochure (Annex.1) has no application in the notification of spot counseling for PG admission. Learned counsel submits that since the spot counseling is a separate process, therefore, the conditions mentioned in Brochure (Annex.1) have no application for admission in the PG courses at AIIMS, Jodhpur.

Learned counsel further submits that in other AIIMS Institutions located at different places, there is a specific condition that in case, a candidate fails to join the desired course of PG, he will be charged penalty by forfeiture of amount deposited by him. However, learned counsel further submits that there was no such condition mentioned in the notification for spot counseling notified by the respondents. He further submits that in the subsequent spot counseling notification, the respondent- AIIMS has incorporated a condition that in case, a person is not joining or accepting the seat, the same will lead to imposition of penalty applicable to a student who resigns after admission. He submits that inclusion of such condition categorically shows that at the time when the petitioner appeared in the spot counseling, there

was no such condition, therefore, the petitioner cannot be charged with a huge sum of Rs.5,00,000/- (Rupees Five Lakhs).

Learned counsel further submits that in pursuance of the direction issued by this Court on 01.08.2023, the petitioner has deposited an amount of Rs.2,50,000/- (Rupees Two lakhs Fifty Thousand only) and the respondents have handed over the original documents to the petitioner. He also submits that the financial condition of the petitioner is not good, and therefore, he is not in a position to deposit balance amount of Rs.2,50,000/- (Rupees Two La