MBBS : Whether Partial Payment Of Fees Without Submission Of Enrollment Form Amounts To Admission In Medical College? Plea In Supreme Court
A writ petition has been filed in Supreme Court raising question of law as to whether provisional admission letter downloaded from counseling website is a confirmation of admission and joining of a medical college or partial payment of fee towards the course without submission of enrollment form, scrutiny of original documents and various other undertakings and swearing of...
A writ petition has been filed in Supreme Court raising question of law as to whether provisional admission letter downloaded from counseling website is a confirmation of admission and joining of a medical college or partial payment of fee towards the course without submission of enrollment form, scrutiny of original documents and various other undertakings and swearing of affidavits tantamount to admission and joining a medical college.
The plea has been filed by a candidate who had applied in the NEET UG Counseling conducted by the Medical Counselling Committee and was allotted a deemed/paid quota seat in DY Patil Deemed to be University, Navi Mumbai. Although the petitioner had neither submitted the enrollment form or mandatory undertakings and affidavits and had only paid partial fee, she was shown as a joined candidate. The same was done irrespective of her apprising the college that she will not be able to bear the financial expenditure.
Alleging that the colleg refused to release her original documents, she approached the Top Court for issuance of directions to release/refund the amount deposited by her and release her original documents.
It has been argued in the petition that even assuming that she has deposited a huge amount of Rs 25 lakhs and if she is admitted on the basis of provisional allotment letter, there can only be maximum forfeiture of security deposit of Rs 2 lakhs.
"Thus, this is a clear case of unjust enrichment by an educational institution," the plea filed through Advocate Charu Mathur states.
Malik in her plea further stated that, "That the worst part of all is that she is being threatened/blackmailed by the University to either deposit the balance fees or she will not allow to sit in any coming years as the whole documents are in their possession and have to forget the MBBS."
Case Title: Suhana Malik v. MCC| WP(Civil) 419/2022