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Judgment
Mansoor Ahmad Mir, Actg. C.J.
The petitioner-Society has questioned the order, Annexure P-15, made by the Registrar, H.P. Technical University, Hamirpur, District Hamirpur, conveyed to all the Principals/Directors of affiliated/affiliating Engineering, Pharmacy and Management Colleges in H.P., whereby the admission granted by the respective colleges/institutions in various undergraduate and postgraduate programmes, in favour of the students, who have not fulfilled the eligibility criteria, for the academic session 2013-14, came to be regularized, subject to deposit of penalty to the tune of Rs. 10,000/- per student, to be recovered from the respective institutions and it was only one-time relaxation and in the interest of students.
Precisely, the case of the petitioner is that the petitioner''s society consists of various technical institutions and the respondents are not following the provisions of law applicable. Further, the petitioners have questioned the vires of the Himachal Pradesh Private Technical and Vocational Professional Institutions (Regulation of Admission and Fixation of Fee), Act, 2008.
The respondents have filed reply to the writ petition.
We deem it proper not to enter into the merits of the case for the reason that the interest of the students, who were not fulfilling the eligibility criteria and have been given one-time relaxation, subject to deposit of penalty to the tune of Rs. 10,000/- per student, to be recovered from the respective institutions, is involved.
Keeping in view the interest and rights of the students and the fact that the action whereby the order made by the respondents is allegedly illegal, we deem it proper to reduce the penalty to the tune of Rs. 5,000/- per student from `10,000/- per student, in the interest of justice and also to provide that in case any institution has deposited the penalty to the tune of Rs. 10,000/- per student, the amount shall not be refunded.
It is made clear that the said penalty is to be recovered from the respective institution(s) and the institutions are restrained from recovering the same from any student. If it is found that any institution has collected any penalty amount from any student, that would be breach of this order.
The amount be deposited within two weeks and the last date of submission of admission forms is extended by two weeks.
However, it is made clear that this order came to be made in the peculiar facts and circumstances of this case and shall not be treated as precedent.
Accordingly, the writ petition is disposed of, so also the pending application(s), if any.
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