Mashalkar Prasad S/O Chandrashekhar M v. Terna Medical College And Hospital Thr. Its Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17047 OF 2024 by BHARAT DASHARATH PANDIT Date:

2024.11.25 20:17:12 +0530 Mashalkar Prasad S/o Sh. Chandrashekhar M .. Petitioner Vs.

Terna Medical College & Hospital Through its Registrar and Others .. Respondents ---- Mr. Devadatt Kamat, Senior Advocate (Through VC) with Mr. Sunny Jain i/by Mr. Vinduprakash Pandey, Advocates for the petitioners. Mr. V. P. Sawant, Senior Advocate with Mr. Nitin Dhumal, Advocates for the respondent no.1.

Ms. Dhruti Kapadia, Advocate for the respondent no.2-CET CELL. Mr. Rui Rodrigues with Mr. Jainendra Sheth, Advocates for the respondent no.3-FRA Ms. Tanu N. Bhatia, Assistant Government Pleader for the respondentState. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 25th NOVEMBER 2024.

P.C. :

1] The petitioner having appeared in NEET (UG) Examination 2024-25 was placed at Serial No.7490 of the Provisional Selection List published by the 2nd respondent - State Common Entrance Test Cell. He was accordingly issued a Provisional Selection Letter with regard to the CAP stray vacancy. He was placed in the category of Economically Weaker Section. He was allotted a seat in the Institutional Quota at the 1st respondent - Terna Medical College and Hospital. It is his case that in accordance with the notice dated 10/11/2023 published by the 3rd 1/3

respondent - Fees Regulating Authority, he was required to pay three times the regular fees for seeking admission at the MBBS Course. As per the fee structure of the College published at its website, the petitioner was required to pay three times the amount of fees of Rs 8,99,000/- payable by a student in the EWS category. He accordingly arranged for Demand Draft of Rs 26,94,000/- along with two other Demand Drafts for an amount of Rs 4,00,000/- and Rs 50,000/- respectively. All the Demand Drafts are dated 31/10/2024. When he visited the College, he was not granted admission. Hence on 01/11/2024 he made a complaint in that regard to the Fees Regulating Authority.

In response the Fees Regulating Authority directed the Dean of the College to accept the Course fees in accordance with the notice dated 10/10/2024 and not demand five times the regular fees. The College through its Dean informed the Fees Regulating Authority on 04/11/2024 that the petitioner was insisting for waiver of fees and that complaint as made was by a counselor of the petitioner and not the petitioner. The cognizance of the petitioner's complaint was taken by the Grievance Committee set up by the Fees Regulating Authority wherein the stand of the College was indicated stating therein that the petitioner was not willing to pay the fees for the second year.

The Grievance Committee recommended that if the petitioner had complied with all prescribed requirements, the College should furnish a detailed explanation for denial of admission to him.

been able to secure admission on the strength of the Provisional Selection Letter, he has filed the present writ petition. 2] We have heard the learned counsel for the parties for sometime. To enable the College to put its stand on affidavit, it is granted time till 27/11/2024 to do so.

3] Put up for further consideration on 27/11/2024. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 3/3