JUDGEMENT
S.P.Mehrotra -
(1.) -Heard Sri Harindra Prasad, learned counsel for the petitioner and Sri Neeraj Tiwari, learned counsel for U.P. Technical University, Lucknow and others.
(2.) THE present writ petition has been filed by the petitioner under Article 226 of the Constitution of India making the following prayers :
"(a) to issue a writ order or direction in the nature of mandamus commanding to the respondents to refund the fee deposited by petitioner in different heads at the time of admission of his late son Vineet Kushwaha. (b) to issue a writ order or direction in the nature of mandamus commanding the respondents to pay the compensation to the petitioner for the mental agony caused by petitioner for illegally withholding the money deposited by petitioner in the respondent - Institute for admission of his late son Vineet Kushwaha. (c) to issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (d) to award the cost of the present writ petition to the petitioner."
It is, inter alia, alleged in the writ petition that Vineet Kushwaha (late son of the petitioner) had appeared in the State Entrance Examination 2006 (See U.P. T.U. 2006) for admission to the Engineering Colleges ; and that Roll No. of the said Vineet Kushwaha (late son of the petitioner) was 1381171.
It is, inter alia, further alleged that the said Vineet Kushwaha (late son of the petitioner) was allotted State Rank 26887, Category Rank 6684 in Mechanical Engineering Branch and the Registration of the said Vineet Kushwaha (late son of the petitioner) was AL No. 1012727.
(3.) IT is, inter alia, further alleged in the writ petition that on 13.7.2006 the petitioner deposited Rs. 5,000 as initial fee and Rs. 500 as counselling fee at the time of registration.
It is, inter alia, further alleged in the writ petition that on 15.7.2006, the said Vineet Kushwaha (late son of the petitioner) reported before counselling authority and deposited Rs. 15,000 through Demand Draft No. 414229, and at that time, the said Vineet Kushwaha (late son of the petitioner) was allotted, the Institute, namely, Modi Engineering College, Modi Nagar, in Mechanical Engineering Branch.;
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