ABHISHEK Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The petitioner is a permanent resident of district Muzzafarnagar in the State of U. P. He applied for admission to the undergraduate Programme (B.V.Sc. and A. H.) of the G. B. Pant University of Agriculture and Technology, Pant Nagar (hereinafter referred to as the University) for the year 2003-2004. He appeared' in the entrance examination conducted by the University on 15-6-2003. He secured 428 out of 600 marks and his rank in the Composite Merit List was 27. He was called for counselling held on 26-7-2003. He was admitted to the B.V.Sc. and A. H. Degree Course against 'Payment Seat'. On account of his admission against a Payment Seat, he was required to pay a sum of Rs. l,00,000/- in addition to other University fees. He made all the required payments and got admitted to the Course for the year 2003- 2004.

(2.) According to the Distribution of Seats stated in the Prospectus 2003-2004 issued by the University, 20% of the sanctioned seats, after allocation of seats to I.C.A.R./ V.C.I in all undergraduate (except B. Tech.), Master's and Ph.D. Programmes, were 'Payment Seats'. The candidates desirous of seeking admission against Payment Seats were required to appear in the Entrance Examination and qualify as per requirement, to a degree programme in which they sought admission. Academic Eligibility qualification for such candidates would be the same as for General candidates seeking admission through Entrance Examination. The Programme would be allotted to them as per their merit in the Entrance Examination. The candidates should pay Rs. l,00,000/- for a seat in B.V.Sc. and A. H. and Rs. 40,000/- for admission to a seat in other Undergraduate and Post Graduate programmes per year, as "Fee against Payment Seats" in addition to other University fee and Rs. 50,000/- and Rs. 20,000/- for each additional Semester respectively, if degree was extended. The fee against Payment Seat would not be refunded once a candidate had registered in the programme.

(3.) On 26-2-2004, the third respondent - Registrar of the University - issued Annexure 4 order rescheduling the fee structure for the Session 2004-2005. According to Annexure 4, the University decided not to charge any additional fee from candidates residing outside the State of Uttaranchal. As per Annexure 4 order dated 26-2-2004, the tuition fee per year for the Session 2004- 2005 in respect of B.V.Sc. and A.H. Course was increased from the existing Rupees 6,000/- to Rs. 15,000/-.