1. Considering the fact that certain developments and material facts are lacking in present petition, learned Advocate for the petitioner has requested for permission to withdraw the petition at this stage with a liberty to file fresh petition for similar relief, if facts and circumstances so demand.
2. It is the grievance of the petitioner that after having once secured admission in the respondent university, he got the admission cancelled and his fees have not been returned by the respondent university. He also submitted that as per the rules, the respondent university is obliged to return the fees in specific circumstances and though such circumstances are in his favour the respondent university has not returned the fees.
3. The learned counsel for the petitioner submitted that he would make appropriate application to the respondent university mentioning and giving details demonstrating that the seat on which he was granted admission is filled up and the seat has not remained vacant and on that basis he would again request the respondent university to refund the fees. He submitted that in case his request is rejected, liberty to file fresh petition challenging the decision of the respondent university may be granted and with such liberty petitioner may be permitted to withdraw the petition at this stage.
4. The request made by learned Advocate for petitioner appears justified. The learned counsel for the petitioner is permitted to withdraw the petition. It would be open to the petitioner to make appropriate application to the competent authority by mentioning relevant details. If and when such application is made by the petitioner, the competent authority shall consider and decide the same within 15 days from receipt of the application and appropriate decision of refunding the fees amount paid by the petitioner may be conveyed to the petitioner.
5. With the aforesaid clarification and liberty to file fresh petition if the request is rejected, present petition is disposed of as withdrawn.
(K.M.THAKER, J.) jani Top