ANMOL SACHDEVA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner seeks the refund of the security deposit of Rs. 15,000.00 as well as the 5th semester fee of Rs. 61,150.00 as paid by her to respondent no. 3-university and respondent no. 4-college for pursuing the 5 year (10 semester) Bachelor of Architecture course. Interest @ 15% per annum on the refund of the security amount as well as on the 5th semester fee is also sought.

(2.) It is the case of the petitioner that she had taken admission in the said course in the month of June/July 2012 for the academic session starting from Aug., 2012. She attended the classes for two years till the 4th semester and cleared the examinations. At the time of admission, she had paid a sum of Rs. 15,000.00 towards the security deposit. On 12.04.2014 (Annexure P-4), she had duly deposited a sum of Rs. 61,150.00 towards tuition fee, Institutional Development Fund etc. for the academic session 2014-15 for the 5th semester which was to start in July, 2014. She got admission in the University of Central Florida at Orlando USA and, therefore, took admission in the overseas institute. She resultantly asked for refund of security fee and the 5th semester fee which she was entitled under the Fee Refund Policy of the respondent-university but the respondent-university/college has failed to refund the said amount. Resultantly, the present writ petition was filed.

(3.) The defence of the University/College is that the course was of 5 years commencing from Aug., 2012. On completion of the 4th semester, instead of attending classes for 5th semester, she moved an application dated 16.06.2014 (Annexure P-5) for refund. Since she had withdrawn from the course on her own leaving the seat vacant, which remained vacant, she was not entitled for the refund of the 5th semester fee. Reliance was placed upon the guidelines of the UGC public notice dated 23.04.2007 (Annexure R-3/4) to submit that the refund was applicable to students who vacate before joining the course and if the seat was vacated after joining the course, refund of fees would only be done if the set was filled up. Reference was also made to the subsequent guidelines of UGC dated 23.04.2013 (Annexure R-3/5) to submit that the refund would only be if the student withdrew before the beginning of the course. It was accordingly pleaded that refund would only be if the student surrendered the seat before the commencement of the course which meant the first semester itself and, therefore, the writ petition was liable to be dismissed.