Augustine George Masih, J. - (1.) Prayer in this petition is for refund of the fee deposited by the petitioner amounting to Rs. 40,000/- deposited with respondent No.3- Punjab Institute of Engineering and Applied Research, Malakpur, wherein admission was sought in Computer Science and Engineering Branch on 29.08.2008.
(2.) It is the contention of the counsel for the petitioner that the petitioner after obtaining admission in GGS College of Modern Technology, Kharar, District S.A.S. Nagar, Mohali in October, 2008 approached respondent No.3 for the refund of the fee but he was orally instructed to approach respondent No.4-Punjab Technical University to get the refund of the fee. Thereafter, the petitioner approached respondent No.4-University on 19.01.2009, which prayer has been rejected by the College on the ground that since the petitioner had sought refund on withdrawal after taking admission in another College on 19.01.2009 when the extended date of admission had already expired on 15.11.2008 because of which the seat remained vacant, which remained unfilled, petitioner cannot be granted the refund. Counsel for the petitioner contends that since the petitioner had approached in October, 2008 for refund of the fee and the last date for admission was extended till 15.11.2008, the petitioner is entitled to the refund of the fee.
(3.) On the other hand, counsel for the respondent submits that these are all oral assertions on the part of the petitioner and for the first time the petitioner informed respondent No.3-Institute on 19.01.2009 when he made an application to respondent No.4-University for refund of the fee with a copy to respondent No.3-Institute. Prior thereto, there was no intimation with regard to the petitioner having taken admission in the GGS College of Modern Technology, Kharar, District S.A.S. Nagar, Mohali. It has further been stated that the petitioner sought admission in Computer Science and Engineering Branch on 29.08.2008 and started attending the classes but from 22.10.2008 the petitioner remained absent from the course and did not attend the institute thereafter. No intimation was sent by the petitioner that he had got admission in any other institute i.e. GGS College of Modern Technology, Kharar, District S.A.S. Nagar, Mohali nor was any request was made for refund of the fee prior to the last date for admission, which was extended till 15.11.2008. The seat has remained vacant as the period for admission had expired and the petitioner for the first time informed the institute on 19.01.2009 about his admission in another institute and claimed refund. Reliance has been placed by the counsel for the respondent on Rule 8 of the All India Council for Technical Education, wherein it is provided that if the seat consequently remains vacant because of the consequential withdrawal of the admission by the student/candidate, the claimant shall not be entitled to refund of the fee.;