A writ petition seeking refund of deposited tuition fees was disposed of by directing the medical college authorities to refund Rs. 2,05,000 after a 10% deduction within two months.
Direction to refund Rs. 2,05,000 after 10% deduction within two months atRespondents
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[2023:RJ-JP:19454]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14155/2008
Umesh Dhayal S/o Shri Madan Singh R/o Balaji ki Gali, Samrathpura, Piprali Road, Sikar (Rajasthan)
Petitioner
Versus
Respondents
For Petitioner(s) : Mr. Sanjay Verma. For Respondent(s) : Mr. Harshal Tholia for Dr. V.B. Sharma, AAG. Mr. Aditya Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
28/08/2023
This writ petition has been filed by the petitioner with the
following prayer:-
“It is, therefore, humbly and respectfully prayed that the writ petition filed by the petitioner may kindly be pleased to accept and allow and
i) by issuance of suitable writ, direction or order in the nature thereof thereby the Hon’ble Court may kindly be pleased to direct the respondents to make the payment of the petitioner of Rs. 2,06,235/-, which has been deposited in the college, the respondent No. 3 against the Receipt No. 0063 dated 04.08.2008. ii) Any other order or direction, which your lordships may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner and in the interest of justice.
Iii) The writ petition may kindly be allowed throughout with costs.”
(2 of 2)
[2023:RJ-JP:19454]
[CW-14155/2008]
During pendency of writ petition the respondents have filed additional affidavit wherein para No.7 it has been stated as
under:-
Counsel for the respondents submits that the college is ready to refund the fee of Rs.2,05,000/- after deduction of 10% amount as the seat left by the petitioner has been utilized by giving admission to another student.
Counsel for the petitioner has not disputed the submissions made by the counsel for the respondents.
In that view of the matter, I dispose of this writ petition with a direction to the respondents to refund the fee claimed by the petitioner i.e. Rs.2,05,000/- after deduction of 10% amount from the said deposit within a period of two months.
(INDERJEET SINGH),J
MG/1
2 issues framed by the court
Whether the petitioner is entitled to a refund of tuition fee deposited upon discontinuing the course?
Whether it is appropriate to allow a 10% deduction from the refundable amount due to seat utilisation?
2 provisions across 1 enactments
Umesh Dhayal S/o Shri Madan Singh
The State of Rajasthan
Rajasthan University of Medical & Health Science
The Dean, Jhalawar Medical College
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
