G.S.SANDHAWALIA, J. - (1.) THE present writ petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to refund the amount of Rs.50,000/ - charged from the petitioner as admission fees since the admission of the petitioner has been cancelled by the respondents. The relief of compensating the petitioner for mental and physical harassment has also been prayed for.
(2.) THE petitioner's case is that he got admission in the Course of Bachelor of Technology Electronic and Communication Engineering in the academic session 2011 -12 with the respondent no. 2 -college on the basis of counseling held by respondent no. 1. The certificates and other documents submitted by the petitioner were scrutinized and after satisfying itself, the petitioner was admitted in the said course. A sum of Rs.10,000/ - was deposited on 05.10.2011 and Rs.31,555/ - on 28.11.2011 alongwith all required documents. In December, 2011, the petitioner appeared for the first semester examination and having passed the same, was admitted to the second semester. An educational loan was also taken from the Punjab National Bank, Branch Office Mukerian, District Hoshiarpur and tuition fee of Rs.8,445/ - was deposited for the second semester. Thus, a total amount of Rs.50,000/ - had been deposited. The petitioner had approached respondent no. 2 -college with a demand draft of Rs.34,750/ - as fees for the second semester examination and was refused the admit card and legal notice dated 15.05.2012 was sent. The petitioner was informed vide reply dated 21.06.2012 that he had been issued the 10+2 qualifying certificate by the Council for Secondary Education, Mohali, which was not recognized by the respondent -university. Reference was also made to notice dated 03.04.2012 issued by respondent no. 2 -college to the respondent no. 1. The petitioner had approached the District Consumer Disputes Redressal Forum, Hoshiarpur and the complaint was dismissed on 22.08.2012 on the ground that the Consumer Forum did not have jurisdiction to entertain the complaint in view of the law laid down by the Apex Court. Accordingly, the present writ petition was filed alleging that apart from loss of an academic year, the petitioner was entitled for the refund. In the written statement filed by respondent no. 1 -university, it was submitted that the petitioner having done his 10+2 from Council of Secondary Education, Mohali, was not eligible as the certificate given by the said Board was not having equivalence and accreditation by the Council of Boards of School Education in India and, therefore, his candidature and admission was rightly rejected by the Guru Nanak Insitute of Engineering & Management, Naushera, Hoshiarpur, Punjab. The applications were filled on 05.10.2011 and the eligibility check was done on 13th and 14th October, 2011 but eligibility of all students could not be scrutinized. On 18th and 19th October, 2011, on scrutiny, the petitioner's educational qualifications were not found equivalent to the norms prescribed. That notice dated 08.11.2011 had been issued to all institutes affiliated with the respondent -university that in the situation of failure in fulfilling the eligibility, log in user, name and password shall not be delivered to those students. On 23.02.2012, notice had been issued to all institutions informing them that the result of candidates who were not fulfilling the laid down criteria will not be declared. The petitioner, nor respondent no. 2 -college, brought nothing to the knowledge of the answering respondent. Notice was again issued on 03.04.2012 vide which a detailed list of ineligible students was enlisted and directions were issued to all institutes not to allow the said students to sit in 2012 examinations. The plea taken, thus, was that provisional admission subject to clearing all formalities had been given and the answering respondent had scrutinized the documents well in time and there was no delay. Respondent no. 2 had allowed the petitioner to sit in the first semester examination. As per rules and regulations of the application form, it was provided that in the event of admission of the students having secured on the basis of wrong information, such admission would stand cancelled automatically and the concerned candidate would have no claim whatsoever for refund of the dues paid to the institution. In such circumstances, dismissal of the writ petition was prayed for.
(3.) RESPONDENT no. 2 -college, in its written statement, took the plea that admission was allowed by mistake and the petitioner was allowed to appear in the first semester examination. The respondent No.1 had informed respondent no. 2 on 03.04.2012 that the petitioner should not be allowed to appear in the second semester examination since the certificate was not from a recognized institution. Reliance was also placed upon the clause in the admission form to the same effect that in case of cancellation of the admission and wrong declaration, the candidate would have no claim whatsoever on the seat or the dues paid to the institution. The filing of the complaint before the District Consumer Forum was admitted.;