R S GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ in the nature of mandamus, declaring the action of respondents no.2 to 4 for not refunding the tuition fee amounting to Rs. 3,18,500/- along with hostel fee of Rs. 18,540/- to the petitioner as illegal and arbitrary.

(2.) In brief, daughter of the petitioner got admission in B.F.Tech. (Knitwear) Designed Degree Course with the National Institute of Fashion Technology, NIFT Campus, Navi Mumbai (hereinafter referred to as the "respondent-institute") in the session 2008-09. After confirmation of admission on 22.07.2008, the petitioner deposited an amount of Rs. 3,41,843/- towards tuition fee and Rs. 54,000/- towards hostel fee. Daughter of the petitioner attended the classes from 04.08.2008 to 13.08.2008 in the respondent-institute. Thereafter, she applied for 4 days leave with the Executive Engineer of the respondent-institute on 13.08.2008 as she was not finding the climate of Navi Mumbai suitable to her and ultimately, daughter of the petitioner decided to discontinue her course. The petitioner requested the respondent-institute for refund of the fee vide letter dated 18.08.2008 but the respondent-institute, vide their letter dated 16.09.2008, refunded only a sum of Rs. 35,460/- towards the hostel fee. They also refunded a sum of Rs. 24,500/- on 28.02.2011. Now the petitioner has claimed that since his daughter did not study in the respondent-institute, therefore, he is entitled to refund of the entire tuition fee along with hostel fee deposited by him.

(3.) After notice, reply has been filed by respondents no.2 to 4 alleging that the fee has been refunded to the petitioner as per terms and conditions of the prospectus. It is also alleged that since the petitioner's daughter did not withdraw from the course before joining it and the seat vacated by her could not be filled up, therefore, the petitioner is not entitled to refund of the entire tuition fee.