15-01-2021 Court No. 15 ssi WPA 712 of 2021…
return of original medical documents against payment of penalty without eligibility for further counseling.
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168 15-01-2021 Court No. 15 ssi
WPA 712 of 2021
Shubham Kumar & ors. -Vs-
State of West Bengal & ors.
Mr. Arif Ali Mr. Surojit Dutta
………. for the petitioners Mr. Subir Sanyal Mr. Asumdipta Santra ………for the respondent no.6
Mr. Pantu Deb Roy Mr. Subrata Guha Biswas Mr. A. Fermania
…..for the State
Mr. D. N. Maiti ….for the WBUHS Mr. Indranil Roy Mr. Sunit Kr. Roy …for National Medical Commission
Learned counsel appearing for the petitioners submits that the petitioners got qualified in MBBS Course but failed to make payment of admission fees at the time of admission. Learned counsel further submits that because of economic situation of their parents, they would not be able to continue with the said course and prays for release of original documents which were handed over to the college authorities at the time of admission.
Mr. Roy learned counsel appearing for National Medical Commission, submits that after payment of penalty, the documents may be returned but the petitioners are not entitled to any further round of counseling for this year i.e. 2020-21.
2
Mr. Sanyal appears for the college and Mr. Bandhopadhya appears for the State.
The Principal, Jagannnath Gupta Institute of Medical Sciences Hospital is requested to return original documents, if any, submitted by the petitioners after payment of necessary penalty as prescribed by the regulation.
The Principal, Jagannnath Gupta Institute of Medical Sciences Hospital is also requested to inform the State regarding the vacancy that is created because of this order positively by today so that in the next round of counseling, interested students can appear for such vacant seat.
However, it is made clear that the petitioners are not entitled to participate in any further round of counseling for admission in MBBS course for the year 2020-2021.
The writ petition being WPA No. 712 of 2021 is disposed of.
There shall, however, be no order as to costs.
Since no affidavit has been invited, the allegations made in the writ petition are not deemed to have been admitted.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Rajarshi Bharadwaj, J.)
2 issues framed by the court
Whether petitioners failing to pay admission fees entitle them to return of original documents.
Whether released documents entitle petitioners to further counseling for admission.
1 provisions across 1 enactments
Shubham Kumar & ors.
State of West Bengal & ors.
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
