KAVITA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Respondent No. 4 is a private self aided institution established to impart B.Ed./D.Ed education in the State of Haryana. The petitioner was admitted to respondent No. 4-College in two years D.Ed course during the Session 2008-2009. The petitioner paid a sum of Rs. 34,500/- as admission fee, Rs. 5000/- as security for library and building fee and an amount of Rs. 600/- per month on account of tuition fee. Thus, total amount paid by the petitioner for the said year was Rs. 46,700/-. This excludes the examination fee which was separately payable. For the second year, respondent No. 4 again demanded the same amount. Some students filed CWP No. 9152 of 2008 before this Court alleging charging of higher fee by the Private Self- Financing Colleges. Notice of motion was issued in the said writ petition. During the pendency of the writ petition, Haryana Government issued order dated 23.6.2009 prescribing fee for the D.Ed course for the Private Self- Financing Colleges. Following fee structure was prescribed for the years 2009-2010 to 2011-2012 :-

(2.) The petitioner cleared the first year of D.Ed course. When she was to take admission in the second year, it is alleged that respondent No. 4-College demanded the same fee of Rs. 43,500/- as admission fee and Rs. 7600/- + Rs. 5000/- as library and building fee and Rs. 600/- per month towards tuition fee. The petitioner resisted the demand. It is stated that the petitioner was threatened of deletion of her name from the rolls of the college and also shortening of her attendance. The petitioner made a complaint dated 1.10.2009 to the Director, Higher Education, Haryana for initiating action against respondent No. 4-College. Copy of this complaint has been placed on record as Annexure P-9. It is stated that no action was taken by respondents No. 1 to 3 against respondent No. 4 which has forced the petitioner to file the present writ petition. The petitioner has sought a writ of mandamus to respondents No. 1 to 3 to take action against respondent No. 4-College for charging the excess fee for D.Ed course than the fee prescribed by the Government vide order dated 23.6.2009 and has also prayed for refund of the excess fee charged from the petitioner and to permit the petitioner to continue with the course.

(3.) In view of the allegations made in the writ petition, while issuing notice of motion, following order was passed on 28.10.2009 :-