Telangana High Court Directs Adherence To UGC Guidelines In Considering Fee Refund Of Student Who Changed Colleges During NEET Counselling

The Telangana High Court has directed the Dean of Mahatma Dental College to consider the petitioner's application for a refund of tuition fee, caution deposit stipend fee, and other fees per the UGC Notification of 2018.

The petitioner had approached the Court in October contending that the Mahatma Dental College, Khammam had refused to return her original certificates and tuition fee that she had deposited in the college as security.

She contended that she had appeared for NEET and during the first round of counselling had been allotted to the respondent/Dental college. She was issued a provisional allotment and was asked to deposit her original certificates along with the tuition fee for the final allotment.

It was argued that while making the deposit she informed the college that her original certificates and fee only be taken as a security deposit since she was anticipating a different college in the second round of counselling.

In the further round of counselling, she was allotted her desired college. She approached the respondent/dental college for the return of her certificates and fees, but the college allegedly denied her request compelling her to file the present writ.

When the matter was taken up in November, Justice Surepalli Nanda did not take lightly the College retaining the original certificates of the petitioner and passed interim orders relying upon clause 4.2.1 of the UGC notification directing the dental college to return the original certificates instantly stating that “the certificates of the petitioner herein cannot be retained at any rate by the 4th' respondent herein.”

On the last date of the hearing, the college informed the bench that all certificates had been returned to the petitioner in compliance with the interim orders.

In response to the claim for the return of the fee, Justice Nanda noted that clause 4.1 of the UGC Notification deals with the refund of the fee. The bench noted that for securing the refund of the tuition and other fees a representation is to be made before the college. In furtherance of this, it observed that the college is to follow the five-tire system for the refund of fees, as stipulated in clause 4.1.3.

The Bench appreciated that no representation had been made by the petition before the college for a refund of the earnest fee and directed the petitioner to approach the college following the notification. Similarly, the college was directed to consider the representation and refund the fee amount in accordance with the five-tier system.

“The petitioner is, therefore, directed to submit a representation to respondent No.4 duly referring to the relevant rules issued by the UGC in the notification issued in October, 2018, (referred to and extracted above), within a period of one week from the date of receipt of a copy of this order and put forth the petitioner's grievance to the 4th respondent as put forth in the present writ petition pertaining to refund of the Tuition Fee of Rs.45,000/- caution deposit stipend fee and other fee of Rs.43,250/- i.e total amount of Rs.88,250/- paid by the petitioner to the 4th respondent college. On receipt of the same, respondent No.4 shall consider the said 5 representation of the petitioner pertaining to refund of the amount of Rs.88,250/- by following the UGC guidelines (referred to and extracted above), and pass appropriate orders, in accordance to law, within a period of two weeks,” the Court held.

WP 29369/2023

Counsel for petitioner: MAHESH MAMINDLA

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