Allahabad: In a significant ruling, the Allahabad High Court recently affirmed a student’s entitlement to a refund of college fees and security deposit after forsaking an allotted seat in a medical college. The judgment, delivered by Justice Manish Mathur, sheds light on the intricacies of fee refund policies in educational institutions.
The case, titled Shivangi Sharma v. State of U.P., revolved around a petition filed by Shivangi Sharma seeking a refund of fees and security deposit from a medical college. Sharma, initially allotted F.H. Medical College, Agra, during the NEET counseling’s first round, later received an allotment to NIMS University. Dissatisfied with the initial allocation, Sharma resigned and requested a refund, sparking a legal battle.
Advocate Shiv Prakash Dwivedi represented Sharma, while Advocate Abhinav N. Trivedi appeared for the respondent. The crux of the dispute lay in the interpretation of a government order governing fee refunds in such cases.
The High Court meticulously analyzed Paragraph 7 of the Government Order, which outlines provisions for fee refunds. While acknowledging the mandatory language of the order, the Court interpreted it leniently, considering the equitable aspect of fee refunds. The Court stressed that fees are paid in exchange for educational services, and denying a refund amounts to unjust enrichment for the college.
The Court emphasized the need for clarity in resignation letters, specifying subsequent seat allocations in the second counseling round. It deemed the requirement for reasons and annexing certificates during resignation as directory rather than mandatory, especially when students secure a seat in the second counseling. The Court highlighted that fee refunds aim to prevent colleges from unjustly retaining fees without providing educational services.
The Court held,
“Therefore, a writ in nature of Mandamus is issued commanding opposite party no.2 to refund the permissible amount as per 7(a) of Government Order dated 21.10.2022 to petitioner…”
This ruling marks a significant milestone in the jurisprudence of educational fee refund policies and upholds students’ rights in the admission process.