- (1.)FEELING aggrieved of the impugned order dated 24.4.2008 passed by the District Forum, whereby the appellant University has been directed to refund Rs. 23,000, charges towards admission from the respondent with compensation of Rs. 5,000, the appellant has preferred this appeal. The appellant has assailed the impugned order on the basis of Clause 13.6 of the admission brochure, which were duly agreed by the respondent.
(2.)ADMITTEDLY the respondent was granted admission in Double Degree Course on 13.7.2006 by the appellant for which she deposited Rs. 33,000 in favour of appellant. On 21.8.2006 a request to the appellant for withdrawing admission and to refund fee was made but the fees was not refunded.
(3.)WHILE justifying the non -refund of the fee, the version of the appellant was that the last date of submission of application for withdrawal was upto 11.8.2006 as per Clause 13.6 of Admission Brochure, which reads as under:
13.06 Withdrawal of admission after first counselling and refund of fee:

(i) The candidate after getting admission in first counselling will be allowed to withdraw/cancel the admission upto 5.00 p.m. of 11.8.2006. All the requests for withdrawal/cancellation of admission are to be submitted to Deputy Registrar (Academic Branch -I), Room No. 108, Administrative Block, Guru Gobind Singh Indraprastha University, Kashmere Gate, Delhi -110006. A proper receipt for withdrawal/cancellation will be issued. The admission will be cancelled only on the written request duly signed by the candidate and countersigned by the parent guardian. The candidate will be required to surrender the original admission slip issued at the time of counselling/admission while applying for withdrawal/cancellation of admission.

(ii) In case the written request is received before the above mentioned date and time, the admission will be cancelled and the candidate will be entitled to refund of the fee after deduction of Rs. 10,000 except in case of Dr. B.R. Sur Homeopathic Medical College and Hospital for which the amount of deduction will be Rs. 3,500

(iii) No request for withdrawal/cancellation of admission will be entertained after 5.00 p.m. of 12.7.2006. Any dropout after this notified time and date will lead to the forfeiture of the full fee deposited by the candidate and no request for refund of fee will be entertained.

Aforesaid scheme of refund of entire fees prior to 11.8.2006 and on deduction of Rs. 10,000, if request is made thereafter was on the concept that first counselling is offered prior to 11.8.2006 and 15 days time is required for going for the second counselling and in case the request is not made upto 11.8.2006 the seat goes vacant and, therefore, all the administrative expenses and other expenses incurred by the Institutes which are affiliated with the appellant suffers huge pecuniary loss. This concept was recognized by the Hon'ble Supreme Court in Supreet Batra and Ors. v. Union of India and Ors., 2003 3 SCC 370.