PRABHJOT SINGH Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) The petitioner was admitted to respondent No. (2) Institute in the discipline of Electrical and Electronics Engineering (B.E. Course) on the basis of the counselling held on 12.08.2007. On the next following day, i.e. 13.08.2007 he deposited a sum of Rs. 39545/- plus Rs. 1155/- for respondent No. 2-Institute for the academic session 2007-2008 vide receipt No. 6374, dated 13.08.2007. Another sum of Rs. 500/- was also deposited on account of the Membership fee vide receipt No.1345, dated 13.08.2007.

(2.) In the meantime, the petitioner came to be selected in the National Institute of Technology, Jalandhar, in the discipline of Instrumentation and Control. Since the petitioner has preferred to join National Institute of Technology, Jalandhar, he applied for the refund of the fee on 17.08.2007. The request of the petitioner for refund of the fee has been rejected by respondent No. 2 vide letter dated 05.03.2008, Annexure-P5, on the ground that the seat vacated by the petitioner was not filled in and, thus, the petitioner is not entitled to refund of the fee under the University Rules and Regulations. It is this communication which has been impugned in the present writ petition. The petitioner has relied upon the instructions issued by the All Indian Council for Technical Education (hereinafter referred to the AICTE) regarding the refund of the fee. The relevant part of the instructions reads as under:

(3.) The petitioner also served a legal notice to the AICTE claiming refund of the fee deposited by him. In response to the legal notice of the petitioner, the AICTE vide its reply dated 4.7.2008 communicated its policy decision. The relevant extract of the aforesaid communication is quoted hereunder: