SAHIL BHARGAVA & ORS. versus STATE OF UTTARAKHAND & ORS.

SAHIL BHARGAVA & ORS. versus STATE OF UTTARAKHAND & ORS.

Because the petitioners had, during the pendency of proceedings, paid substantial amounts and would be prejudiced in pursuing postgraduate studies and medical practice if their original documents were withheld, the Court modified the interim order to direct return of original documents on deposit of Rs 7.50 lakhs each in addition to amounts already paid and on filing an undertaking to pay any balance determined at final disposal; the order expressly did not decide the merits of the underlying writ petitions.

Parties
Petitioners: Sahil Bhargava & Ors.; Respondents: State of Uttarakhand & Ors.
Jurisdiction
India
Judgment Date
09 September 2024
Procedural Posture
Special Leave Petition (c) No. 19953 of 2024 / Disposed
Outcome
Special Leave Petition disposed of.
Legal Topics
Medical Admission, Fixation of Fee, Interim Relief, Return of Original Documents, Provisional Certificate, Internship
Education Administrative Law Medical Admission Fixation of Fee Interim Relief Return of Original Documents Provisional Certificate Internship

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Parties

Sahil Bhargava & Ors.

Petitioners

State of Uttarakhand & Ors.

Respondents

Procedural Posture

Special Leave Petition (c) No. 19953 of 2024 / Disposed

Legal Issues

  1. 1 Whether the revised fees fixed by the Admission and Fee Regulatory Committee and affirmed by the appellate authority could be demanded from students admitted in 2018
  2. 2 Whether students who completed the undergraduate medical course and internship are entitled to degrees/provisional certificates without payment of the revised fee
  3. 3 Whether original documents submitted at the time of admission should be returned to enable students to pursue postgraduate studies and practice pending final adjudication

Ratio Decidendi

Because the petitioners had, during the pendency of proceedings, paid substantial amounts and would be prejudiced in pursuing postgraduate studies and medical practice if their original documents were withheld, the Court modified the interim order to direct return of original documents on deposit of Rs 7.50 lakhs each in addition to amounts already paid and on filing an undertaking to pay any balance determined at final disposal; the order expressly did not decide the merits of the underlying writ petitions.

Court Disposition

Special Leave Petition disposed of.

Orders

  • Interim order of the High Court modified.
  • Conditional on deposit of Rs 7.50 lakhs each by the petitioners with the respondents over and above amounts already deposited, the petitioners shall be entitled to return of their original documents submitted at the time of admission.