MARGDARSHAN SANSTHAN SHIKSHA MAHAVIDYALAYA, BAIKUNTHPUR AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Since common question of law and fact is involved in these batch of writ petitions, they are heard together and are being disposed of by this common order.

(2.) The extraordinary jurisdiction of this Court is invoked by the petitioners' educational institution calling in question legality, validity and correctness of notice dated 3.6.2011 (Annexure P/1 in all writ petitions) passed by respondent No.4 directing the petitioners' institution to refund annual educational fee taken from the students admitted for the year 2010-2011.

(3.) The petitioners, who are educational institution affiliated with respondent No.4-Surguja University, Ambikapur and having recognization with National Council for Teacher Education for imparting B.Ed. education admitted students for B.Ed. course for the year 2010-2011 as per prospectus/brochure issued by the State Council of Education Research and Training (hereinafter called as "SCERT") and 3rd round of counselling was completed on 30.8.2010 and academic session commenced thereafter. The State Government on 19.11.2010 issued the order accepting recommendation of the Admission and Fee Regulatory Committee (hereinafter called as "AFRC") constituted under the Chhattisgarh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) 2008 stating that fee for B.Ed. course would be Rs. 24,000/- per year per student effective from the dater of order i.e. 19.11.2010, which was received by the petitioners' institution on 4.12.2010. It is the case of the respondent - University that the petitioners' institution did not refund enhanced amount taken from the students leading to issuance of notice dated 3.6.2011 (Annexure P/1) for refund of fee as the petitioners' institution have taken Rs. 35,600/- per student per year, whereas they ought to have refunded the amount over and above Rs. 24,000/- to each of students. Questioning the notice dated 3.6.2011, this batch of writ petitions have been filed by the petitioners' institution.