2024 INSC 1018
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(Arising out of SLP(C) No.11835 of 2023)
S. GUNASEKARAN …APPELLANT(S)
VERSUS
THE UNDER SECRETARY TO GOVT. AND OTHERS …RESPONDENT(S)
J U D G M E N T
B.R. GAVAI, J.
1. Leave granted.
2. This appeal arises out of peculiar facts and
circumstances.
3. In the admission process for the Academic Year 2022-
23, the appellant herein had participated on the basis of the
prospectus that was available on the website of Respondent
No.3/Institution. Question No.37 and answer thereto reads
thus:
“Q. No.37: Who are eligible for “Exit with Forfeiture”
option?
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Ans:- a) Candidate who has been allotted a seat in
Round-1 but does not report at the college may exit
with Forfeiture. (i.e. The refundable security fee will
not be refunded in such a case).
b) Candidate who has been allotted a seat in
Round-2 but does not report at the college may exit
with Forfeiture. (i.e. The refundable security fee will
not be refunded in such a case).
c) Round 1 candidate who has not been upgraded
in Round II may resign his seat allotted in Round-1
within two days of Round-2 result announcement.”
4. In the first round of counselling, the appellant herein
was allotted a seat in the M.D. (Endocrinology) in Respondent
No.4/College. Accordingly, the appellant took admission...