Court No. - 5
Case :- WRIT - C No. - 38283 of 2018 Petitioner :- Ayush Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Krishna Kumar,Shiv Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the parties.
The petitioner claims to be admitted in B.Tech (Mechanical) course for the academic sessions 2017-18 in the respondent- University. The petitioner deposited the total admission fee of Rs. 1,59,000/-. The petitioner, however, was not in a position to pursue his B.Tech (Mechanical) course on account of his mental health issue. Consequently, the petitioner made an application for withdrawal of his candidature and refund of his admission fee in the prescribed proforma before the respondent- University.
The submissions of learned counsel for the petitioner is that no action has been taken by the respondent-University on the fee withdrawal form and the fee deposited by the petitioner, has not been refunded.
No useful purpose would be served by keeping this writ petition pending. The writ petition is, therefore, disposed of finally.
A mandamus is issued to the respondent no. 3 commanding him to decide the application of refund the fee deposited by the petitioner, in case, he satisfies the criteria of the refund policy of the University. The respondent-University shall pass a reasoned and speaking order on the claim of the petitioner within a period of three months from the date of receipt of a certified copy of this order along with a fresh application for refund of fee on the ground of withdrawal of candidature.
It is clarified that the Court has not gone into the correctness of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to decide the claim of the petitioner in accordance with law after independence application of mind.
The writ petition is disposed of finally.
Order Date :- 26.11.2018 Dhananjai