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Judgment
Vinod K. Sharma, J.—The Petitioner prays for issuance of a Writ, in the nature of Mandamus, to direct the Respondents to issue Transfer Certificate and all other certificates and refund the deposited amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) with 12% interest from the date of payment till realization.
In pursuance to the interim direction issued by this Court in M.P.(MD) No. 1 of 2007 in W.P.(MD) No. 7363 of 2007, the Petitioner was issued the Transfer Certificate, and other certificates, and consequently, the Petitioner joined the course, with the fourth Respondent college.
The Learned Counsel for the Petitioner contends, that the Petitioner is entitled to refund of fee deposited by him, under the University Grants Commission Public Notice, which is binding on the first Respondent.
The public notice issued by the University Grants Commission, New Delhi, is only recommendations that College / University should not deduct more than Rs. 1,000/- (Rupees one thousand only) towards process fee and other fees, if the candidate leaves the College, and the seat is filled up by the persons from the waiting list. The object of the Public Notice is, therefore, to put an end to undue enrichment.
A reading of the writ petition, does not show, that the seat left by the Petitioner was filled up by anybody, or the Respondent charged fee from other candidate against the seat, which was vacated by the Petitioner.
The legal status of Public Notice, is not required to be gone into at this petition, as the Petitioner does not fulfill the conditions laid in the public notice, for refund of deposited fee.
Consequently, no ground is made out to issue any direction to the Respondents.
Accordingly, this writ petition is disposed of, by making the interim order, directing the Respondents to hand over the Transfer Certificate and all other Certificates to the Petitioner, absolute.
No costs.
The connected miscellaneous petition is closed