BENGALURU: In a large reduction for a postgraduate in Pharmacology who studied in a non-public school underneath government quota seat, the Karnataka high courtroom has directed the authorities to refund Rs five lakh amassed from her on the premise that she did not do three years rural service as required underneath the principles.
Quashing the September 7, 2017 endorsement issued via the manager administrative officer, health and family welfare service, Bengaluru, rejecting the request for refund, Justice A S Bopanna has additionally indicated that if the amount isn't repaid in two months , it would attract the nine % pastime for the next three months and 12% pastime thereafter until the amount is refunded to Dr Ajitha Sharma .
The authorities had rejected her representation for refund of the amount via referring to rule 15(7) of the Karnataka behavior of front take a look at for variety and admission to put up graduate scientific and dental stage and degree classes rules, 2002.
“A perusal of rule 15(five) of the 2002 rules would point out that the three-year rural service is applicable to applicants who have selected seats in the government establishment or government seats in a non-public school underneath concession charges quota. The petitioner, without a doubt, received the government quota underneath the government quota in a non-public school. But the certificate issued via the establishment in October 2015 indicates that she has not availed any concession in rate for the route. If that being the placement, the rule of thumb does not observe to the case of petitioner,” Justice Bopanna has noticed in his order while permitting Ajitha's petition.
The pass judgement on has additionally famous that Ajitha has been constrained to pay the amount in the circumstance as she required the documents to pursue her future and the same cannot be held in opposition to her .
Ajitha had approached the courtroom difficult the September 7,2017 endorsement refusing to refund the amount amassed from her. She had claimed that the authorities did not consider her representation.
The authorities while citing the 2002 rules contended that Ajitha had received the PG seat in Pharmacology route at Kasturba Medical College, which is a Deemed University underneath government quota and she isn't entitled for refund as she has not completed three years rural service as required underneath rule 15(7) of the 2002 rules.
Quashing the September 7, 2017 endorsement issued via the manager administrative officer, health and family welfare service, Bengaluru, rejecting the request for refund, Justice A S Bopanna has additionally indicated that if the amount isn't repaid in two months , it would attract the nine % pastime for the next three months and 12% pastime thereafter until the amount is refunded to Dr Ajitha Sharma .
The authorities had rejected her representation for refund of the amount via referring to rule 15(7) of the Karnataka behavior of front take a look at for variety and admission to put up graduate scientific and dental stage and degree classes rules, 2002.
“A perusal of rule 15(five) of the 2002 rules would point out that the three-year rural service is applicable to applicants who have selected seats in the government establishment or government seats in a non-public school underneath concession charges quota. The petitioner, without a doubt, received the government quota underneath the government quota in a non-public school. But the certificate issued via the establishment in October 2015 indicates that she has not availed any concession in rate for the route. If that being the placement, the rule of thumb does not observe to the case of petitioner,” Justice Bopanna has noticed in his order while permitting Ajitha's petition.
The pass judgement on has additionally famous that Ajitha has been constrained to pay the amount in the circumstance as she required the documents to pursue her future and the same cannot be held in opposition to her .
Ajitha had approached the courtroom difficult the September 7,2017 endorsement refusing to refund the amount amassed from her. She had claimed that the authorities did not consider her representation.
The authorities while citing the 2002 rules contended that Ajitha had received the PG seat in Pharmacology route at Kasturba Medical College, which is a Deemed University underneath government quota and she isn't entitled for refund as she has not completed three years rural service as required underneath rule 15(7) of the 2002 rules.
Bengaluru: HC relief for Pharmacology student
Reviewed by Kailash
on
May 14, 2018
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