GURU NANAK DEV DENTAL COLLEGE & RESEARCH INSTITUTE Vs. MONIKA DAUGHTER OF PAWAN KUMAR JINDAL

JUDGEMENT

(1.) THIS order will dispose of two appeals, namely, First Appeal No. 1686 of 2003 Guru Nanak Dev Dental College & Research Institute v. Monika & Ors., and First Appeal No. 1687 of 2003 Guru Nanak Dev Dental College & Research Institute v. Gurpreet Kaur & Ors., as common question of law and facts are involved in both these appeals. Facts are taken from First Appeal No. 1686 of 2003 and the parties would be referred by their status in this appeal.

(2.) MONIKA respondent (in short "Monika") had appeared in the Punjab Medical Entrance Test (in short "PMET") held in 2000 by Guru Nanak Dev University, Amritsar on behalf of Baba Farid University of Health Sciences, Faridkot respondent No. 3 (in short "the University"). She was selected for admission in the B.D.S. Course against the payment seat. She was admitted in Guru Nanak Dev Dental College, Sunam appellant (in short "appellant College"). Monika deposited a sum of Rs. 1,26,000 on account of tuition fee/hostel fee/mess charges/security, etc., on 31.8.2000 with the appellant College.

(3.) IT was further pleaded that the University conducted a joint migration test (in short "JMT") on 29.3.2002 to fill up the vacant seats in Government Dental College and Hospital, Patiala and Government Dental College and Hospital, Amritsar and the candidates were required to deposit a sum of Rs. 5,000 as fee for the purpose of said test. It was deposited by Monika. For appearing in the joint migration test 2002, no objection certificate was required from the appellant College. It was given by the appellant College to Monika enabling her to appear in the joint migration test 2002. Accordingly Monika appeared in the joint migration test 2002. The appellant College had demanded the enhancement fee for two years from Monika at the rate of 15% on the plea that fee had been enhanced by the State Government retrospectively and Monika was compelled to deposit the fee. Accordingly Monika deposited a sum of Rs. 3,300 as enhanced fee with the appellant College on 5.3.2002 but no receipt to that effect was issued by the appellant College.