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HindustanTimes Thu,31 Jul 2014

HC bars Adesh varsity from seeking original certificates, bank guarantee

Sanjeev Verma, Hindustan Times  Chandigarh, June 28, 2014
First Published: 07:46 IST(28/6/2014) | Last Updated: 07:50 IST(28/6/2014)

Granting a big relief to the MBBS aspirants, the Punjab and Haryana high court on Friday directed Adesh University, Bathinda, not to compel its admitted candidates for the 2014-15 session to submit original certificates and furnish bank guarantee/surety bond and undertaking for forfeiture of their deposited fees, till further court directions.

The directions came from justice Fateh Deep Singh-headed vacation court on a petition filed by Karanveer Kohli and three other candidates who had got ‘provisional admission’ in Adesh University in the counselling held on June 25.

The court also issued notices of motion to the Punjab government, Adesh University and Baba Farid University of Health Sciences (BFUHS), Faridkot, for filing their replies before July 8.

The MBBS aspirants had approached the high court stating that Adesh University was permitted by the high court on June 23 to hold ‘provisional counselling’ that is subject to the outcome of the pending case and it cannot be said with certainty whether their admissions would continue or not.

Petitioners’ counsel Rajiv Kataria argued that if the petitioners submitted their original certificates to Adesh University along with the prescribed undertaking for non-refunding of fees, then in the eventuality of any adverse decision in the already pending case in the high court, the petitioners would be left in the lurch and their right to seek admission in other colleges/universities would be jeopardised.

On this, the court said, “in the interest of justice, equity demands that Adesh University be directed not to insist on completion of formalities like submission of original certificates, furnishing of bank guarantee/ surety bond/undertaking and forfeiture of the fees, till further orders.”

COUNSELLING ROW
Petitioners had submitted that as per the state government directions on June 16, BFUHS had also done first round of counselling for Adesh University MBBS seats on June 21-22, in which one of the four petitioners was admitted and had submitted fee also. Since all MBBS seats are not likely to be filled in the BFUHS in the first counselling, there is every likelihood that other three petitioners would get admission in BFUHS in the second round of counselling, it was submitted.

The counsel argued that the petitioners are within their right to surrender their seat with Adesh University and get refund of the fee before September 30, as per Adesh’s public notice.

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