Writ petition quashing rejection of petitioner's request to leave MD Psychiatry course at CIP Ranchi.
Impugned order dated 18.06.2018 quashed; respondent directed to allow petitioner to leave course on bond terms.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3005 of 2018
Dr. Swarali Krishna Kondwilkar ….. Petitioner
Versus
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: M/s Srijit Choudhary, Kaustav Roy, Srija Choudhary For the U.O.I: Mr. Rajiv Sinha, A.S.G.I
04/05.07.2018 The present writ petition has been filed for quashing the order dated 18.06.2018 (Annexure-8 series to the writ petition) issued by the Director, Central Institute of Psychiatry (in short CIP), Ranchi [respondent No.2] whereby the petitioner’s representation for leaving the MD (Psychiatry) Course (2018-21) has been rejected.
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penalty for leaving the said course as has been stipulated in the bond executed by her. However, the Director, CIP, Ranchi rejected the petitioner’s representation vide the impugned order dated 18.06.2018 giving reference to the order dated 09.05.2017 passed by the Hon’ble Supreme Court in the case of Dar-us-Salam Education Trust Vs. Medical Council of India & Ors. [W.P.(Civil) No. 267/2017] and stating, inter alia, that after the second round of counseling i.e. 23.04.2018 for all India quota seats, the students who have taken admission against the all India quota seats, cannot be allowed/permitted to vacate their seats.
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“8. CONDITIONS FOR LEAVING THE COURSE
8.4 Original certificates will be returned only when the students / Junior Residents refund the scholarship/salary with compensation.
8.5 If the students/Junior Residents don’t refund the money within two months, 15% interest will be charged.”
by the petitioner, particularly Clause 8.2(B), it would appear that if any candidate discontinues his/her course after one month from the date of admission and within First Academic Year, he/she has to pay Rs.50,000/- plus one month’s salary as penalty. The said bond, however, does not put any stipulation that the candidate cannot leave the said course after the second counseling is over. Thus, at the time of admission, the petitioner was having a legitimate expectation that if she desires to leave the course after payment of penalty fixed in the bond, she would be permitted to leave the same. However, the Director, CIP, Ranchi vide the impugned order dated 18.06.2018, has rejected the petitioner’s application for leaving the said course in view of the
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order dated 09.05.2017 passed by the Hon’ble Supreme Court in the case of Dar-us-Salam Education Trust (Supra). In the said case, the Hon’ble Apex Court by way of an interim measure has issued several directions relating to the counseling to be conducted by different medical colleges, institutions, autonomous bodies etc. for MBBS Course. If the Director, CIP, Ranchi was of the view that the order dated 09.05.2017 passed by the Hon’ble Supreme Court would apply for the MD Course also and no candidate would be allowed to leave the MD Course after second counseling, the said information was required to be brought to the notice of the candidates at the time of counseling itself either through circulating brochures or by affixing notices at conspicuous places in the institute campus. It cannot be expected that a candidate would be aware of the order(s) passed by the Court of law from time to time on particular issue. Even as per the order dated 09.05.2017 passed by the Hon’ble Apex Court, it is the duty of the management/administration of the colleges/universities/autonomous bodes etc. to ensure proper implementation of the same. On the contrary, the CIP, Ranchi at the time of admission, got a bond executed by the petitioner to the effect that if she pays appropriate penalty for discontinuance of the course, she would be permitted to do so. Thus, getting the said bond executed by the petitioner at the time of admission by the respondent-CIP, Ranchi itself goes contrary to the order dated 09.05.2017 passed by the Hon’ble Apex Court in the case of Dar-us-Salam Education Trust (Supra). Once a bond at the instance of the respondent-CIP, Ranchi was executed by the petitioner, the Director, CIP, Ranchi cannot be permitted to reject the petitioner’s request for discontinuance of the course on the ground that exit of the candidates from the course is not possible in view of the order of the Hon’ble Supreme Court. In fact, it is the respondent-CIP, Ranchi who failed in its duty to properly implement the order dated 09.05.2017 passed by the Hon’ble Apex Court for which the petitioner cannot be made to suffer.
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petition) issued by the Director, Central Institute of Psychiatry, Ranchi (respondent No.2) is, hereby, quashed and set aside. The respondent No.2 is directed to allow the petitioner to leave her MD (Psychiatry) Course forthwith on the terms and conditions mentioned in the bond dated 02.04.2018 executed by the petitioner.
(RAJESH SHANKAR, J)
Satish/A.F.R
2 issues framed by the court
Whether the petitioner can be permitted to leave the MD (Psychiatry) course at CIP Ranchi after paying the penalty stipulated in her bond to join NIMHANS.
Whether the respondent director relies validly on an implied understanding of a Supreme Court order to deny exit despite a specific bond allowing exit upon penalty.
Colour shows how this judgement treated each authority
Dar-us-Salam Education Trust Vs. Medical Council of India & Ors.Referred¶16
Dar-us-Salam Education Trust Vs. Medical Council of India & Ors. [W.P.(Civil) No. 267/2017]
Dar-us-Salam Education TrustReferred¶34
Dar-us-Salam Education TrustReferred¶34
Dr. Swarali Krishna Kondwilkar
Union of India
Central Institute of Psychiatry
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
