- (1.) The daughter of the petitioner appeared in the State Entrance Examination (UPSEE-2015) conducted by Dr. A.P.J. Abdul Kalam Technical University, Uttar Pradesh1 and was ranked at 10833. She was allotted the Kamla Nehru Institute of Physical and Social Sciences in district Sultanpur in the branch of Electronics and Communication Engineering. She deposited an amount of Rs.15,000/- against the confirmation of a seat on 8 July 2015. Subsequently on 21 July 2015, she decided against accepting the allotment of admission and sought a refund. On the complaint made by the daughter of the petitioner, the University Grants Commission2 addressed a letter to the Registrar of the University to examine the matter to which the University responded on 28 September 2015, a copy of which is marked to the petitioner. That has given rise to the petition.
(2.) The basis of the petition is the guidelines which have been framed by the UGC, New Delhi on 23 April 2007 and the public notice3 which was issued by the All India Council for Technical Education4. According to the petitioner, both these notices contain a direction that after a student has obtained admission and withdraws before the commencement of the course, a wait listed candidate should be admitted against the vacant seat and the entire fee collected should be refunded after retaining an amount of Rs.1,000/-. The petitioner contends that this provision is applicable and hence his daughter would be entitled to a refund of an amount of Rs.14,000/- after the University retains an amount of Rs.1,000/- from the amount paid at the time of registration. In pursuance of the order of this Court dated 17 February 2016, the University has filed a counter affidavit in these proceedings through its Registrar. The University has stated that after the entrance examination is conducted, students are at that stage required to deposit only an amount of Rs.500 for registration for the purpose of counselling and document verification. Thereafter students are furnished with an opportunity to participate in counselling and to lock "the college of their own choice". The allotment of institutions is made after this process is completed on the basis of merit and the choice which is indicated by the students. After the institution is allotted to a successful candidate, the candidate is required to confirm his or her seat by depositing an amount of Rs.15,000/- as a confirmation fee against which a confirmation slip is generated. The purpose of generating a confirmation slip is to calculate the actual number of vacant seats for the next round of counselling. At this stage, it is open to the candidates either to deposit an amount of Rs. 15,000/- for confirmation of the seat or to quit the process of counselling so as to leave the seat open for the next round of counselling. The University retains the amount of Rs.15000/- which is non-refundable for the reason that the students must seriously participate in the counselling, otherwise students would lock their choice and obtain a letter of allotment and subsequently not turn up to take admission. If this were to take place, the University will not be in a position to calculate the actual number of vacant seats for the second round of counselling for other students who have not obtained admission in the first round. This amount of Rs.15,000/- is adjusted against the annual fee and the University transmits the amount to the college where the students have taken admission. The amount is kept in a separate account of the U.P. State Entrance Examination. The balance which remains after transmission of the amount to respective colleges is spent on the development of Government Engineering Colleges in the State and not for the use of the University. The Government Degree Colleges charge a low fee and as a result of this, these colleges are unable to generate funds for their work. Moreover, it has been stated that the sanction of the State Government is taken for the utilization of the amount. For the current session, it has been stated that 26,589 students deposited an amount of Rs.15,000/- each after counselling, out of which, until date, the University has transmitted the amount deposited by 20,365 students to the concerned colleges against the annual fee for 2015-16 where they have taken admission. For 2015-16, the process is going on since the University transmits the amount to the college after a demand being raised.
(3.) As regards, the submission based on the circulars of UGC and AICTE, it has been stated that these apply only to a situation where a student has taken admission in a college and has left the course of study under which circumstances, guidelines have been laid down. After withdrawal of admission, wait listed candidates are required to take admission against a vacant seat upon which the fee is to be refunded. In the present case, it is stated that the student who has locked one seat after depositing an amount of Rs.15,000/- and has not turned up for admission causes a serious prejudice since the seat cannot be included in the next round of counselling resulting in irreparable loss to other students as well as the seat being left vacant not only for the current session but for the next three sessions. At the outset, it would be necessary to note that the circulars of the UGC and AICTE which have been relied upon by the petitioner, do not cover a situation such as the present. We extract hereinbelow the relevant part of the circular issued by UGC: "It has come to the notice of the University Grants Commission that Institutions and Universities including institutions deemed to be universities are admitting students to various programmes of studies long before the actual starting of academic session; collecting full fee from the admitted students; and, retaining their schools/institutions leaving certificate in original. The Institutions and Universities are also reportedly confiscating the fee paid if a student fails to join by such dates. 2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for Institutions and Universities to retain the School/Institution Leaving Certificate, mark sheet, caste certificate and other documents in original. 3. The Ministry of Human Resource Development and University Grants Commission have considered the issue and decided that the Institutions and Universities, in the public interest, shall maintain a waiting list of students/candidates. In the event of a student/candidate withdrawing before the starting of the course, the wait listed candidates should be given admission against the vacant seat. The entire fee collected from the student, after a deduction of the processing fee of not more than Rs.1000/- (one thousand only) shall be refunded and returned by the Institution/University to the student/candidate withdrawing from the programme. Should a student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent, where applicable.";