MADAN MOHAN MALVIYA ENGINEERING COLLEGE Vs. SRISHTI AGARWAL

JUDGEMENT

(1.) This special appeal arises from a judgment of a learned Single Judge dated 7 October 2013. By the order which has been impugned in these proceedings, the learned Single Judge directed the appellant which is a College to which the first respondent was admitted for the BTech degree course, to refund tuition fees of Rs. 2,35,000/- received against the NRI quota within a period of one month failing which, interest at the rate of 9% per annum has been directed to be paid.

(2.) The dispute in the present case relates to an admission for the first year of the BTech degree course. An entrance examination for various technical courses was conducted by the third respondent, Gautam Budh Technical University, Lucknow. The first respondent applied for admission under the five percent quota reserved for NRI students. The first respondent was allotted a seat in the appellant-College in Electronics and Telecommunications Engineering. The first respondent was informed of the allotment of the seat by the Registrar of the University. The first respondent deposited an amount of Rs. 2,35,000/- on 9 July 2010 and was granted admission. By a Government Order dated 6 September 2010, fees for the NRI quota were increased from US $ 5000 to US $ 7000. Following the enhancement in fees from US $ 5000 to US $ 7000, the father of the first respondent addressed a communication to the Principal of the College on 18 September 2010 seeking a cancellation of the admission of the first respondent and the return of the original documents in order to enable the first respondent to pursue admission in another college on the ground that he was unable to afford the increased fees. Since the tuition fees of Rs. 2,35,000/- were not refunded, the first respondent, after addressing various representations, filed a writ petition under Article 226 of the Constitution seeking a mandamus for the refund of the counselling fees, mess fees and tuition fees. The petition has been allowed by the learned Single Judge by the impugned order.

(3.) On behalf of the appellant, it has been submitted that the State Government issued a Government Order on 16 April 2006 clarifying that once a candidate has been admitted for a course after completion of necessary formalities, the tuition fees would not be refunded. In the present case, it was stated in the counter affidavit filed in the writ petition that the first respondent took admission in the IMS Engineering College, Ghaziabad in Computer Science and Engineering for 2010-11 and when she approached the College for the return of her documents, she specifically stated in a letter to the Principal that though she had applied for the reimbursement of fees she would abide by the decision of the State in regard to the refund of the fees. Moreover, it has been submitted that the information brochure of the College specifically provided that the fees were liable to be increased by the State Government from time to time and by the Government Order in question, the fee which was fixed in 2003 has been revised. As a result of the withdrawal of the candidature of the first respondent, it has been submitted that one seat reserved for the NRI quota has fallen vacant which would remain unfilled. Finally, it has been submitted that in a judgment of a learned Single Judge of this Court at the Lucknow Bench in Km. Nikita Verma & Ors. Vs. State of U.P. & Ors. (Writ Petition No. 6328 (MS) of 2010) rendered on 14 December 2010, it has been held that it would not be open to the students to resile from the payment of the enhanced fee.