ALOK SHARMA,J. - (1.) The matter comes up on an application (70172/2017) under Article 226(3) of the Constitution of India for vacation of the impugned order dated 13.10.2017.
(2.) Counsel for the parties pray that the matter be heard finally and disposed of.
(3.) The respondent-Utsav Sharma was admitted to the petitioner-B.L.M. College of Nursing (hereinafter 'the petitioner-College') in its Four year B.Sc. Nursing Course following the allotment in counselling. The information booklet for admissions into B.Sc. Nursing Four Year Course for the Academic Session 2017-18 interalia provided that candidates eligible for admission should submit their Option Form in the respect of Colleges of choice along with a sum of Rs. 10,000/- as counselling fee which was adjustable against the tution fee of those admitted. The counselling fee was liable to be refunded only to those students who were not allotted any institution of their choice or otherwise by the Nursing Counseling Board. The information booklet further provided that once a student was admitted to the college of his choice the amount of fees paid would not be refunded/returned to the student under any circumstances.;