Comed -K vs T. Nagamani

HEARD learned Counsel for the petitioner.

IN this case, the complainant is the respondent before us. She had paid Rs. 2,30,000 as fees for admission to a Dental College through COMED -K which is a body incharge of conducting Common Entrance Test and Counselling for prospective students in Dental and other Disciplines. The student had paid fees to COMED -K for appearing in the Entrance Examination and also for counselling. The student had also paid fees to the KLE College to be paid through COMED -K. The student subsequently got admission in KMC, Manipur University where she wanted to study.

COUNSEL for the petitioner submits that they have forfeited the amount as per the forfeiture policy which is extracted in the revision petition though he could not file copy of the same. It is not disputed that the student did not attend a single day in the KLE Dental College and secondly the student withdrew the candidature from the KLE College before the second round of counselling. Case of the counsel is that the merit seat which was allotted to the respondent was utilized by the KLE College, Bangalore under its management quota. It is not his case that this seat was kept vacant throughout the academic session resulting loss to the KLE College. As no loss was incurred by the petitioner, we fail to see any merit in this case. The District Forum ordered refund of Rs. 2,30,000 minus Rs. 1,000 within 30 days of its order failing which interest @ 12% p.a along with Rs. 3,000 as cost. The State Commission has confirmed the order of the District Forum. Money has opportunity cost whether it is with COMED -K or the College and the money can be invested to fetch returns. The petitioner had a golden opportunity to return this money within 30 days of the order of the District Forum, but lost this opportunity. Hence, they are liable to pay interest @ 12%, which we do not consider unreasonable especially in view of the circular of the UGC.

THE University Grants Commission in their Circular dated 23.4.2007 has issued a public notice stating that the entire fee collected from the student after deduction of processing fee of not more than Rs. 1,000 shall be refunded to the student withdrawing from the programme. This Commission in a catena of judgments has directed the educational institutions to refund the fees of students who have left the college and got admission in some other institutions.

THEREFORE , we do not see any merit in this revision petition. Accordingly, it is dismissed. There shall be no order as to cost. R.P. dismissed.