ABHISHEK Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) CYRIAC Joseph, C. J. The petitioner is a permanent resident of district Muzzaffarnagar 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 15-06-2003. 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- 07-2003. 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. 1,00,0007 - 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 Under graduate (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 pro gramme in which they sought admis sion. Academic Eligibility qualification for such candidates would be the same as for General candidates seeking ad mission through Entrance Examination. The Programme would be allotted to them as per their merit in the Entrance Examination. The candidates should pay Rs. 1,00,0007- for a seat in B. V. Sc. and A. H. and Rs. 40,0007- 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. 50,0007- and Rs. 20,0007- for each additional Semes ter respectively, if degree was extended. The fee against Payment Seat would not be refunded once a candidate had reg istered in the programme.

(3.) THE writ petition was admitted on 24-06-2005. On 25-0/-2005, after hearing the learned counsel for the pe titioner and the respondents, the follow ing interim order was passed by this Court : "hence there will be an interim or der directing that without prejudice to the contentions of the petitioner and the respondents, the petitioner shall pay a sum of Rs. 15,000/- (Ru pees fifteen thousand only) towards tuition fees for the year 2005-2006 and the said amount shall be ac cepted by the respondents subject to the final decision in the writ peti tion. "