SANGEET LODHA - (1.) This writ petition (PIL) has been filed by the petitioner, an advocate by profession, challenging the condition imposed by the respondents private medical institutions that the students seeking admission to MBBS Course to submit bank guarantee against the annual fees for next 3½ years of course duration in addition to deposit of annual fee for the first year of the course, at the time of admission.
(2.) The relief clause contained in the writ petition reads as under: '(i) the respondent private medical colleges be directed to accept bond (in place of bank guarantee) and that too only from such students with regard to whom the institutions feel that any student/students might leave the Institutes midterm. (ii) the State and the private medical colleges be directed not to seek submission of bond/bank guarantee as a matter of course on the pretext of Judgment of Hon'ble Apex Court in the case of Islamic Academy of Education as no such directions have been given by the Hon'ble Apex Court. (iii) that the action of the respondents in calling upon the students to submit bond/bank guarantee at the time of admission against the tution fee for remaining course duration of three and half years be declared arbitrary, illegal and bad in the eyes of law. (iv) by an appropriate, writ or direction the respondent private medical colleges be directed to submit a chart as to in past five academic years how many students have submitted bonds or bank guarantees or advance fees for one or more years. (v) by an appropriate, writ or direction the respondent number 5 be called upon to submit as to whether charging of advance tution fee as is being done by private medical colleges in the State of Rajasthan is approved by it and if not, then what action has it taken against such private medical colleges till today. (vi) pass any other appropriate order or direction, which this Hon'ble Court considers just and proper in the interest of justice.'
(3.) On 17.12.2020, while issuing notices to the respondents, an interim order was passed by this Court in the following terms: 'In the meanwhile and until the next date, the respondents no.6 to 13 are restrained for insisting upon furnishing of the bank guarantee by the respondents, who are granted admission to MBBS Course pursuant to NEET UG (Medical/Dental) Admission/Counselling 2020 (MBBS, BDS). However, the institutions shall be at liberty to direct the students admitted to furnish bond towards the fee of 3½ years in lieu of the bank guarantee. It is made clear that the students admitted to the course shall be under an obligation to deposit the full fee of first year as stipulated but shall be provisionally exempted from furnishing the bank guarantee for remaining 3½ years, subject to outcome of present writ petition/stay petition.' ;