GURU NANAK DEV UNIVERSITY Vs. JAGJIT SINGH

JUDGEMENT

(1.) ONE Jagjit Singh had filed a complaint before the District Forum, Amritsar arraying (1) Guru Nanak Dev University, Amritsar through its Vice -Chancellor; (2) Registrar, Guru Nank Dev University, Amritsar and (3) Punjab Technical University, Jalandhar through its Vice -Chancellor as respondents.

(2.) THE complainant alleged in the complaint that he had applied for admission in B.Tech Food Science and Technology Course of Guru Nanak Dev University (hereinafter referred to as "the University") in July -August, 2003. The complainant was admitted to the course on 7.8.2003. He deposited a sum of Rs. 13,645/ - plus 2500 US dollars with the University. The admission of the complainant was revoked by the University on 2.9.2003, which fact was communicated to the complainant on 5.9.2003 stating therein that since the complainant did not fulfil the essential qualifications of 50% marks in 10+2 examination, therefore, he could not have been admitted in the B.Tech Course referred to above. The fee already deposited was not refunded and, consequently, the complainant filed the complaint before the District Forum on 28.4.2004. The primary prayer made was that the University be directed to refund the amount with interest and also be ordered to pay compensation and costs. During the pendency of the complaint before the District Forum a sum of Rs. 1,11,655/ - was stated to have been refunded by the University to the complainant on 7.5.2004.

(3.) WHILE opposing the complaint the University took the stand that no doubt the complainant was admitted and fee was charged but as the complainant did not fulfil the requisite condition of securing 50% marks in 10+2 examination his admission was legally revoked as per the regulations mentioned in the University calendar. It may be highlighted here that the condition for admission was not mentioned in the prospectus, which was issued by the University. After examining all the aspects the complaint was allowed on 13.10.2004. The University was directed to refund to the complainant a sum of Rs. 13,645/ - plus a sum in rupees equivalent to 2500 US dollars with interest at the rate of 12% per annum from the date of deposit till the date of refund less the amount already refunded. Rs. 1,500/ - were also awarded as costs of litigation. The University has come up in appeal. Learned Counsel for the appellant raised the following points for our consideration: