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Judgment
Huluvadi G. Ramesh
Petitioner has sought for quashing the endorsement dated 14.5.2007-annexure H rejecting their claim for refund of affiliation fees only and for such other orders. Petitioner applied for grant of affiliation to run B.P.Ed course and also paid a sum of Rs. 1,29,515/- as affiliation fees, service charges and towards development fund on 23.9.2006. Thereafter, on 28th March, 2007, on inspection the Local Inspection Committee sent a recommendation for grant of no objection certificate for granting affiliation. Since the petitioner could not provide the infra structure, a request was made for refund of the affiliation fees which, by an endorsement, has been rejected. Hence, this petition.
Heard the counsel representing the parties.
According to the petitioner''s counsel, in a similar situation in WP 11643/2005 decided on 28.11.2006, having observed that in the absence of any rules enabling the University to forfeit the amount, it has not right to do so to forfeit the affiliation amount, this Court ordered to refund the affiliation charges. Thus, counsel representing the petitioner argued for refund of the amount.
Per contra, counsel representing the University submitted, the terms of the affiliation has been notified and intimated to the petitioner well in advance as such, question of refunding the amount does not arise.
However, it is the submission of the petitioner''s counsel in reply that as per S. 59 of the State Universities Act, there is no such enabling provision for the University to forfeit the amount in the event of non-affiliation.
Since identical matter has been disposed of by this Court in the above cited writ petition and since the resolution passed by the Syndicate if any, without there being statutory basis is non est, the impugned order at annexure H is quashed, However, the respondent University to refund the affiliation fee after deducting the service charges to the petitioner within three months from the date of receipt of a copy of this order. Petition is disposed of accordingly.