- (1.) This order will dispose of two Civil Writ Petitions i.e. Civil Writ Petition No. 20901 of 2011 (Nitish Bhardwaj v. Kurukshetra University, Kurukshetra,) and Civil Writ Petition No. 20915 of 2011 (Priyanka Madaan v. Kurukshetra University, Kurukshetra,) as common question of law arises in these cases. The facts are being taken from C.W.P. No. 20901 of 2011. The petitioner got admission in MBA (honours) Course with respondent-institution and deposited a sum of Rs. 60,000/- as fee on 23.06.2010. Later the petitioner got admission in MBA (honours) at Karnal Institute of Technology and Management, Kunjpura, Karnal in July 2010. As per the petitioner, this institution was having better reputation and in order to have better career prospectus the petitioner got admission in Karnal Institute, Karnal. On 4.8.2010, the petitioner requested the respondent to cancel his admission and refund the fee deposited by him. As per the petitioner he had not joined the respondent institute at all.
(2.) The respondent-institution responded by stating that the admission fee is not refundable as per the University guidelines/rules and Clause-II contained in the prospectus. The condition in the prospectus is as under:- If a candidate leaves before the commencement of the classes, the entire fee deposited by the candidate will be refunded after deducting Rs. 1000/- only. In case a candidate leaves after commencement of the classes proportionately deductions of fee upto the month of his/her leaving will be made subject to minimum of Rs. 1000/-. However, refund will be allowed only if the seat, so vacated is filled by the last state of admission.
(3.) The petitioner, thereafter, served a Legal Notice dated 4.8.2011 and demanded the refund of fee with interest. The petitioner, as such, was forced to file present writ petition when the case of refund of fee was declined by the respondent.;