Suriyanarayanan, v. The Director General Of

1 W.P.(MD)No.12854 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12854 of 2019 Suriyanarayanan ... Petitioner Vs.

1.The Director General of Health and Services, Medical Examination Cell, New Delhi.

2.The Director, Indira Gandhi Dental College and SBV, Pondichery.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 25.04.2019 and direct them to refund the sum of Rs.2,12,479.87/-.

For Petitioner : No appearance For R1 : Mr.S.Jeyasingh Standing Counsel For R2 : Mr.L.Swaminathan * * * 1 / 6

2 W.P.(MD)No.12854 of 2019

O R D E R

None appears for the writ petitioner.

2.The learned counsel for the writ petitioner is no more. But the petitioner has not made any alternative arrangements. There is no need to issue any fresh notice to the writ petitioner because the facts are fairly clear.

3.The petitioner has taken part in the NEET Counselling, took place during the academic year 2019. The petitioner was originally allotted a seat in the second respondent college. However, he did not join the same. The petitioner wants this Court to direct the second respondent to refund the sum of Rs.2,12,479.87/- paid by the petitioner. 4.The learned counsel for the second respondent clarifies that the petitioner never joined the second respondent college, even though he was allotted a seat. The security deposit of Rs.2 Lakhs paid by the writ petitioner never came to the account of the second respondent-college. The learned counsel for the second respondent has made available the relevant brochure. The relevant portion is as follows: 2 / 6

3 W.P.(MD)No.12854 of 2019 "Q.No.66:- What are the various fee to be paid at the time of registration?

Ans: At the time of registration students have to pay two kinds of fee For Deemed Universities Non Refundable Registration fee :- Rs.5000/- (same for all candidates) Refundable Security amount:- Rs.2,00,000/- e.g. Any candidate opting for Deemed University will have to pay Rs. 5000/- Non Refundable fee + Rs.2,00,000/- Refundable security amount at the time of Registration.

For (15% All India Quota) / Central Universities (DU, AMU, BHU and Jamila Millia Islamia, Delhi) / AFMS & ESI Non Refundable Registration fee:- Rs.1000/- for UR candidates & Rs.500/- For SC/ST/OBC/PH candidates.

Refundable security amount:- Rs.10,000/- for UR candidates & Rs.5,000/- for SC/ST/OBC/PH candidates.

e.g.any UR candidate opting for Central Universities/AFMS/ESI will pay Rs.1000/- + Rs.10,000/-= Rs.11,000/- at the time of registration. Any SC/ST/OBC/PH candidate will pay Rs.500 + Rs.5,000/- = Rs.5,500/- at the time of registration."

Q.No.69:- Where and when this security amount will be refunded? Ans:- This fee will be refunded to the institution where the candidate has taken admission and will be adjusted against the first year annual fee. In case, candidate is not allotted any seat in all rounds of counselling including stray vacancy round, the fee will be refunded in the account provided by the candidate at the time of registration. Security fee will be refunded only after the completion of counselling. " 3 / 6

4 W.P.(MD)No.12854 of 2019 5.The learned standing counsel for the Government also clarified that a candidate who has been allotted a seat in the second round of counselling and has not joined, will be eligible for exit with forfeiture. Thus, the security amount of Rs.2,00,000/- remitted by the petitioner has been forfeited in the instant case.

6.In any event, relief has been sought only against the second respondent. This relief cannot be granted. This is because, the amount was never credited to the account of the second respondent-college. 7.Accordingly, this writ petition is dismissed. No costs. 09.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 4 / 6

5 W.P.(MD)No.12854 of 2019 To:

1.The Director General of Health and Services, Medical Examination Cell, New Delhi.

2.The Director, Indira Gandhi Dental College and SBV, Pondichery.

5 / 6

6 W.P.(MD)No.12854 of 2019 G.R.SWAMINATHAN, J.

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