Alok Sharma, J. - (1.) COUNSEL for the petitioner submits that he would not press the writ petition in the event the respondents are directed to refund the amount of fee deposited by the petitioner for her admission in the B.Ed Course subsequently invalidated for no fault of the petitioner. Counsel submits that in any event in equity the respondents themselves refund the fee of the petitioner. He submits that the petitioner has not discontinued with her studies in the B.Ed course to which she was admitted while the discontinuation of her B.Ed course was owing to the respondents first admitting her and thereafter holding the petitioner's admission erroneous on ground of her ineligibility being over -looked in the first instance. It is submitted that the petitioner was not guilty of any misrepresentation and fraud in obtaining admission into the B.Ed course. Counsel finally submits that in all fairness and equity the amount of fee be refunded to the petitioner. Counsel for the respondent -Coordinator, PTET has no substantive submissions to make in opposition to the arguments raised by the counsel for the petitioner on the issue of refund of fee paid by the petitioner.
(2.) CONSEQUENTLY , I would allow the petitioner to withdraw the writ petition. The writ petition is dismissed as withdrawn. However, the authority, whether the College or Jay Narayan Vyas University, Jodhpur with whom the fee paid by the petitioner lies, shall refund the fee paid by petitioner to her within a period of six weeks from the date of furnishing of a certified copy of this order along -with an appropriate application for the purpose by the petitioner. The stay application needs no address, the main petition itself being withdrawn and dismissed as such with the aforesaid direction.;