Drona�s International School Society And Another vs Union Of India And Others

Manoj Kumar Tiwari, J

Petitioner no.1 is a society, which runs an Engineering College (petitioner no.2). According to the petitioners, in terms of letter of intent issued by A.I.C.T.E on 24.02.2009, petitioner had deposited a sum of Rs. 35,00,000/- as security in a Fixed Deposit of Punjab and Sind Bank, Inder Road, Dalanwala, Dehradun (respondent no.4). Since the Engineering College has now been closed, therefore, petitioners want refund of their security amount, which is lying deposited in Fixed Deposit of Punjab and Sind Bank (respondent no.4).

Learned counsel for the petitioners submits that, in terms of the stipulation made in the letter of intent, the amount of interest was to be credited into the account of the institution to be paid as scholarship to the students and since the amount of interest was not being credited to the account of the institution, therefore, on the request of the institution, the Bank issued a fresh Fixed Deposit of Rs. 35,00,000/- in the year 2011. A.I.C.T.E had taken exception to issuance of fresh Fixed Deposit and had asked the petitioner to deposit 10% of the principal amount and also the interest accrued on the said amount and, according to the petitioner, he has deposited an amount of ` 6,34,208 with the A.I.C.T.E under protest.

By means of this writ petition, petitioners have sought the following reliefs:-

"a) Issue a writ order, or direction in the nature of mandamus commanding the respondent no.3 to forthwith issue appropriate instructions/No Objection Certificate to respondent no.4 for release of FDR No. 569825 dated 29.03.2011 amounting Rs. 35.00 lacs in favour of respondent no.1 (which was created in the joint name of President of petitioner no.1 and Regional Officer of respondent no.3 pursuant to letter of intent dated 24.02.2009).

b) Issue a writ, order, or direction in the nature of mandamus commanding the respondent no.3 to forthwith remit and refund amount of Rs. 6,34,208/ (charged by respondent no.3 as 10% penalty on the principal amount of FDR and accrued interest from petitioner no.1), alongwith the appropriate interest which this Hon'ble Court deem fit and proper in facts and circumstance of the case, to petitioner no.1."

After arguing for a while, learned counsel for the petitioners confines his prayer and submits that petitioners may be permitted to make a fresh representation to the Competent Authority in A.I.C.T.E, who may be directed to take decision thereupon.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make fresh representation to Regional Director A.I.C.T.E, Kanpur, within a period of two weeks from today. If such representation is made within stipulated period, Regional Director A.I.C.T.E, Kanpur shall consider petitioners' request and take appropriate decision, in accordance with law, as early as possible preferably, within a period of four months from the date of production of receipt of representation alongwith certified copy of this order.

Since this Court has not entered into merits of the case, therefore, the petitioners shall be at liberty to approach this Court again, in case their representation is decided against them.