VANANCHAL DENTAL COLLEGE & HOSPITAL Vs. MANOJ MAHTO,

JUDGEMENT

(1.) The Vananchal Dental College & Hospital has preferred this appeal against the judgment dated 09.11.2016 passed by learned Jharkhand Education Tribunal, Ranchi in Case No.22 of 2015(JET), whereby the application, filed by the respondent nos.1 to 4 under Section 9 of the Jharkhand Education Tribunal Act on 19.08.2015 for issuance of appropriate orders and direction to the appellant to refund the tuition fee to the respondent nos. 1 to 4, which has been paid by them to the appellant as the same has been also paid by the State Government, Department of Welfare, Government of Jharkhand i.e. excess the money they have taken, has been allowed.

(2.) The fact of the case is that respondent nos. 1 to 4 took admission and pursued Bachelor in Dental Surgery, for the academic Session 2008-2013 in Vananchal Dental College & Hospital, Farthiya, Hoor, District- Garhwa. The respondent nos. 1 to 4 have paid the entire tuition fee as demanded by the Appellant College for the aforesaid academic session. They have also paid tuition fee regularly for every academic years as demanded by the College Management. The respondent nos. 1 to 4 at the end of the final semester came to know, that their full tuition fee have already been paid to the Appellant - College every academic year by the District Welfare Officer, Garhwa (Respondent no. 7 in this case) under the State Government Scheme, as the respondent nos. 1 to 4 belong to Other Backward Category (OBC) and as per Jharkhand Government Welfare Scheme, the fee of the students belonging to the OBC category has to be paid to the concerned school or college by the concerned District Welfare Officer.

(3.) The total fee for the course of Bachelor in Dental Surgery was Rs.8,00,000/- as per demand/estimate of the Appellant -College. (Annexure-2 to the original application filed before the JET, which is letter No. VDCH issued by the Vananchal Dental College & Hospital dated 09.02.2009 addressed to the Branch Manager, Punjab National Bank, Hajipur, Vaishali (Bihar) stating categorically total fee of the course Rs. 8,00,000/- for the session 2008-2013). Since, the entire tuition fee was paid to the college by the District Welfare Officer, Garhwa, the respondent nos. 1 to 4 have approached the appellant, who assured them that their tuition fee would be refunded very soon, but the same has been not refunded.