ASHA MOHAN Vs. COMMON ENTRANCE TEST CELL

JUDGEMENT

(1.) PETITIONER has sought for a writ of certiorari to quash the order passed on 15-4-2006 - Annexure-A and also for a mandamus to refund the fee paid to the 1st respondent by the petitioner or in the alternative, to direct the 2nd respondent to refund the entire fee paid by the petitioner and also to declare rule 17 (2) of the Selection of Candidates for admission to Professional Institutions, 2005 as arbitrary and ultra vires the Constitution.

(2.) THE petitioner's daughter had appeared for the CET, 2005 for admission to Medical engineering course. She was allotted a seat in K. S. Hegde Medical College, Mangalore in the year 2005. She had paid Rs. 1,72,000/-for the medical seat through the CET Cell and also got admitted to Hegde Medical Academy by paying the registration and other fees and also got admitted to the college hostel by paying rs. 20,000/ -. According to the petitioner, hen daughter could not continue her education due to health reasons and also for the reason that she could not adjust to the environment. Thereafter, she surrendered the medical seat to the Management on 22-9-2005 and also intimated the 1st respondent by letter dated 23-9-2005. The college is said to have promised to return the entire fee of Rs. 1,72,000/ -. However, petitioner's daughter got herself admitted to BNM Institute of Technology for Computer Science course during the same academic year. Stating that the 2nd respondent college did not refund the amount of Rs. 1,72,000/- as promised by them despite writing letters to them for refund of subscription fee, hostel fees, etc. , hence, this petition also challenging Rule 17 (2) of the Rules on the ground that the said Rule is not applicable to the petitioner since the seat was not kept vacant and it was filled by giving admission to some other student and there is no loss either to CET Cell or to the College.

(3.) HEARD the counsel representing the parties.