Case Note & Summary
The petitioner, Kum. Deepali Nanasaheb Gaikwad, sought admission to Health Science courses for the academic year 2000-2001. The Maharashtra University of Health Sciences (respondent No. 2) conducted the Common Entrance Test (CET). In the second round of counselling, she was provisionally admitted to the B.A.M.S. course at Siddhakala Ayurved Mahavidyalaya (respondent No. 4) on a payment seat. However, she continued to participate in further rounds of counselling. In the fourth round, she was selected for the B. Pharm course at Pravara Rural College of Pharmacy, Loni, and was informed via communication dated 19th January 2001 from the competent authority and the Directorate of Medical Education and Research, Mumbai. She immediately informed respondent No. 4 that she was no longer interested in the B.A.M.S. course and requested the return of her original documents and fees. The communication from the competent authority also directed respondent No. 4 to return the documents and fees. Respondent No. 4 did not comply, leading to the filing of the writ petition. The petitioner relied on Rule 10.5.2 of the Rules for Selection to the Courses of Health Sciences for 2000-2001, which provides for full refund of admission fees if a candidate cancels admission on the ground that he/she has been admitted to any other course at degree level by another Competent Authority for the same year. The court, after hearing the parties, held that the petitioner was entitled to the refund and return of documents as per the rule. The court directed respondent No. 4 to refund the fees and return the original documents within four weeks from the date of the order.
Headnote
A) Education Law - Refund of Fees - Cancellation of Admission - Rule 10.5.2 of Rules for Selection to Courses of Health Sciences, 2000-2001 - The petitioner was provisionally admitted to B.A.M.S. course in respondent No. 4 college in the second round of counselling. Subsequently, in the fourth round, she was selected for B. Pharm course at another college. She immediately informed respondent No. 4 and requested refund of fees and return of original documents. The competent authority also directed respondent No. 4 to do so. Respondent No. 4 refused. The court held that as per Rule 10.5.2, full refund of admission fees shall be made if a candidate cancels admission on the ground that he/she has been admitted to any other course at degree level by another Competent Authority for the same year. The court directed respondent No. 4 to refund the fees and return original documents within four weeks. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to refund of fees and return of original documents upon cancellation of provisional admission to B.A.M.S. course after being selected for B. Pharm course in the same academic year.
Final Decision
The court allowed the writ petition and directed respondent No. 4 to refund the fees and return the original documents to the petitioner within four weeks from the date of the order.
Law Points
- Refund of fees
- cancellation of admission
- return of original documents
- rules for selection to Health Sciences courses
- Rule 10.5.2
