MAHIMA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant/writ petitioner (for short 'the appellant') in the present intra-court appeal has challenged the judgment and order dated 18th September, 2012 passed by the learned Single Judge; declining to interfere with the action of the respondents in not refunding the tuition fee deposited by the appellant on her admission to First Year of MBBS Course against Non-resident Indians (for short, 'NRI') seats.

(2.) Shorn of the unnecessary details, the relevant facts essential for adjudication of the controversy are that the appellant in response to advertisement dated 23rd July, 2008; submitted her application for consideration of her candidature for admission to First Year MBBS Course against 15 seats reserved for NRIs for the academic session 2008-09. The appellant was declared successful as her name appeared at Serial Number 12 in the list of selected candidates notified vide order dated 18th August, 2008. The appellant deposited the tuition fee of Rs.22,04,635/- and attended the classes with effect from 2nd of September, 2008. Subsequently, on her admission in Army College of Medical Sciences, New Delhi (for short 'the Army College') run by Guru Govindsingh Indraprasth University, New Delhi wherein the last date for submission of the original testimonials, which were deposited with the respondent College were to be furnished. The appellant having secured admission in Army College of Medical Sciences informed the respondent College on 30th September, 2008 of her relinquishment of the seat against NRI quota with the respondent College and further stating that she has no objection, if the seat is allotted to another student by the respondent College against the NRI quota. Later on, the appellant claimed refund of the tuition fee from the respondent College, which was declined and therefore, approached this Court by way of writ application, which has been dismissed by the learned Single Judge vide impugned order dated 18th September, 2012.

(3.) The learned counsel for the appellant reiterating the contents of the writ application submitted that there was no condition or any stipulation in the advertisement dated 23rd July, 2008; as contained in communication dated 5th August, 2008, stipulating that the fees paid by the students seeking admission against the NRI seats will not be entitled to refund of any kind of fee; though the same communication allowed refund of tuition fee after deduction of 10% and hostel fee after deduction of one month fee, on conclusion of 2nd counseling. Thus, certainly action of the respondents is discriminatory. The learned counsel further submitted that the appellant, as NRI student, had the option either to deposit the fee in single payment or in part payment scheme and since the appellant deposited first installment in part payment scheme, but the amount that may be deducted in a given situation will defer as per the option availed by the student and therefore, the action of the respondents in withholding the entire tuition fee is bad in the eye of law.