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NEET-UG Admission : University Agrees Before Supreme Court To Return Original Documents To Student Who Could Only Pay Partial Fee

Sohini Chowdhury
9 Aug 2022 5:07 AM GMT
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The Supreme Court, on Monday, adjourned the plea pertaining to the issue whether partial payment of fees without submission of enrolment forms, undertakings and affidavits will amount to admission and joining of a medical college.

The petition was filed by a candidate who had applied in the NEET UG Counselling conducted by the Medical Counselling Committee (MCC) and was allotted a deemed/paid quota seat in DY Patil (Deemed) University, Navi Mumbai. From the records it appeared that the petitioner had joined the institution. However, she had only made a partial payment and was yet to submit the enrolment form, mandatory undertakings and affidavits.

Advocate Dr. Charu Mathur appearing on behalf of the petitioner informed the Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna that the University had agreed for an out of the court settlement. The Counsel appearing for the institution also assured the Bench that the documents would be handed over to the candidate (petitioner). However, he beseeched the Bench that once the grievances of the petitioner is addressed the writ petition be withdrawn. Accordingly, the Bench has adjourned the hearing of the matter until 18th August, 2022.

The petitioner had apprised the University that she will not be able to bear the financial expenditure. She had deposited INR 25 lakhs. As per the petition, the University refused to release her original documents or refund. Thus, the petitioner was constrained to approach the Apex Court for issuance of directions to release/refund the amount deposited by her and release her original documents. It is argued that even if it is assumed that she was admitted into the institution, there can only be maximum forfeiture of a security deposit of INR 2 lakhs. The petition avers -

"Thus, this is a clear case of unjust enrichment by an educational institution,"

The plea also submits that the institution has been threatening that if the petitioner does not deposit the balance fees she would not be allowed to appear in NEET-UG in the future.

ASG, Vikramjit Banerjee, appearing on behalf of MCC submitted that the money had been refunded to the petitioner.

[Case Title: Suhana Malik v. MCC WP(Civil) 419/2022]

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