SUGANDHA MAGU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition, petitioner is claiming refund of the fee deposited by her with J.N.Kapoor DAV Centenary Dental College Respondent No.3 along with interest at the rate of 18% per annum on her getting admission in Government Dental College, Rohtak.

(2.) As per the facts, first counselling for admission to the Dental Colleges was held by the Association of Haryana State Self Financing Dental Colleges on 13.08.2009. Petitioner was allotted seat in J.N.Kapoor DAV Centenary Dental College-Respondent No.3 in which she took admission by depositing part fee of Rs. 1,00,000.00 on 04.09.2009. Classes of the course of BDS course started on 24.09.2009. Second counselling took place on 29.09.2009 by the State Counsel and the petitioner was allotted Government Dental College, Rohtak. She took admission in the said college and thereafter informed respondent No.3- College on 01.10.2009 that she has got admission in the Government Dental College, Rohtak and she wanted to vacate the seat and claimed refund of the fee. This plea of the petitioner was not accepted by the respondent No.3-College, which forced the petitioner to serve legal notice dated 10.08.2010 (Annexure P-5). When no response was received, the petitioner approached this Court by way of present writ petition.

(3.) Upon notice having been received from the Court, respondents have filed reply wherein the facts as asserted by the petitioner are not denied. However, it has been stated that the petitioner is not entitled to refund of the fee, as per Note 2 of the prospectus issued which provided that candidates could withdraw their admission upto 15.09.2009. If such a withdrawal came thereafter they were not entitled to refund of any fee. A plea has also been taken that the seat which was vacated by the petitioner on 01.10.2009 remained vacant and was never filled during the subsequent counselling and no admission could be made thereafter on the said seat.