Case Note & Summary
The petitioner, Dr. Neil Jayant Shah, a MBBS graduate from Grant Medical College, Mumbai, secured All India Rank 11 in NEET-PG 2021. In the counselling process, he was allotted an M.S. Orthopaedic seat at Seth G.S. Medical College & King Edward VII Memorial Hospital (respondent no.3). He reported to the college and paid fees including a bond amount of Rs. 10,00,000/-. However, before the commencement of the academic session, he decided to resign from the seat due to personal reasons. He submitted a resignation letter to the college on 14th February 2022, which was forwarded to respondent no.2 (Directorate General of Health Services, Medical Counselling Committee). Respondent no.2 rejected the resignation by letter dated 18th February 2022, stating that as per the Information Bulletin, resignation is not permitted after Round 1 of counselling. The petitioner then filed a writ petition under Article 226 of the Constitution of India challenging the rejection and seeking directions to accept his resignation. The court examined the Information Bulletin for NEET-PG 2021, which provided for four rounds of counselling. The court noted that the petitioner had resigned before the commencement of the course and before the start of Round 2 counselling. The court observed that the Information Bulletin did not contain any provision prohibiting resignation before the course starts; it only dealt with abandonment after joining. The court held that the petitioner's resignation was voluntary and not an abandonment, and therefore, the rejection was unsustainable. The court directed respondent no.2 to accept the resignation and respondent no.3 to refund the bond amount of Rs. 10,00,000/- within four weeks. The court also clarified that the seat would be available for allotment in subsequent rounds.
Headnote
A) Medical Education - Resignation from PG Seat - Voluntary Resignation - Information Bulletin for NEET-PG 2021 - The petitioner, who secured admission for M.S. Orthopaedic, submitted resignation before the course commenced. The respondent no.2 rejected the resignation stating that resignation is not permitted after Round 1. The Court held that the Information Bulletin does not prohibit resignation before the course starts; the petitioner's resignation was voluntary and not an abandonment. The Court directed acceptance of resignation without forfeiture of seat or bond amount. (Paras 1-12) B) Medical Education - Bond Amount - Forfeiture - Information Bulletin for NEET-PG 2021 - The respondent no.3 college demanded forfeiture of bond amount of Rs. 10,00,000/- upon resignation. The Court held that since the petitioner resigned before the course commenced and no seat was left vacant, the bond amount cannot be forfeited. The Court directed refund of the bond amount. (Paras 10-12)
Issue of Consideration
Whether the petitioner's resignation from his M.S. Orthopaedic seat before the commencement of the course can be rejected by the respondent authorities, and whether the petitioner is liable to forfeit the seat or pay any bond amount.
Final Decision
The court allowed the writ petition. The letter dated 18th February 2022 rejecting the petitioner's resignation was quashed and set aside. Respondent no.2 was directed to accept the resignation of the petitioner from his M.S. Orthopaedic seat. Respondent no.3 was directed to refund the bond amount of Rs. 10,00,000/- to the petitioner within four weeks. The seat was directed to be made available for allotment in subsequent rounds of counselling.
Law Points
- Resignation from PG medical seat before course commencement
- No forfeiture of seat or bond amount
- Voluntary resignation not abandonment
- Information Bulletin provisions
- Article 226 of Constitution of India
