VIRAJ YALBURGI Vs. ALL INDIA COUNCIL FOR TECHNICAL

JUDGEMENT

(1.) The issue in this writ petition is regarding refund of the tuition fee, security deposit etc., which is paid by the petitioner who was admitted to the Engineering Course in the 3rd respondent institution.

(2.) Learned counsel for the petitioner submits that the issue stands squarely covered by a recent decision of this Court in the case of Mr. Pranav U Desai /vs./ The Principal, New Horizon College of Engineering and others in W.P.No.13747/2018 disposed of on 25/1/2021.

(3.) As seen in the said decision, this Court has taken note of the UGC Regulations and the AICTE Regulations. This Court noticed that clause 11 of Chapter 4 of the Regulations/Approval Process Hand Book for the years 2017-2018, 2018-19, 2019-20 of All India Council for Technical Education (AICTE) along with the provisions of the UGC Regulations. This Court noticed the notification dated Nil October 2018 issued by the University Grants Commission, wherein at Clause (4.1.2) it is provided that collecting advance fees for the entire programme of study or for more than one semester/year in which a student is enrolled is strictly prohibited. At clause (4.1.3) it provides for the manner of refund of fees if a student chooses to withdraw from the programme of study and the institution concerned was required to follow a four-tier system for the refund of fees. Similarly, at clause-10 of the AICTE Regulations, it is provided that no Technical Institution shall be entitled to receive from the students fee for the subsequent years and any other fee by whasoever name it maybe called, in addition to the fee fixed by the State/Fee Regulatory Committee. At clause-11 it is provided that in case the vacated seat is not filled, the Institution should refund the security deposit and return the original documents. It was noticed that the Institution should not demand fee for the subsequent years from the students canceling their admission at any point of time. Fee refund along with the return of Certificates should be completed within 7 days.