Admission brochure or prospectus has a force of law: Punjab & Haryana HC [Read Judgment]
The High Court of Punjab and Haryana recently reiterated the principle that an admission brochure or prospectus has a force of law and needs to be strictly adhered to.
“Accordingly, respondents cannot be held liable for any deficiency in service and the petitioner was not entitled for refund in terms of the above Clause of Prospectus. It has time and again been held by six Full Bench decisions of this Court that admission brochure or the prospectus has a force of law which is to be strictly followed,” Justice G.S. Sandhawalia observed.
The Court was hearing a petition filed by Mr. Ankit Sharma, seeking quashing of a May, 2005 order passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh, whereby he was denied refund of Rs. 10,000. The amount had been forfeited by the Punjab Technical University, after the petitioner had failed to report to the college despite having been admitted in the first round of counseling.
The claim was dismissed by the District Consumer Disputes Redressal Forum, Ludhiana, relying on a specific clause in the Prospectus. The Court upheld the Forum’s decision and observed, “Accordingly, respondents cannot be held liable for any deficiency in service and the petitioner was not entitled for refund in terms of the above Clause of Prospectus.”
Read the Judgment here.