JUDGMENT M. Katju and R.S. Tripathi, JJ.
1. Heard learned Counsel for the appellants.
2. This Special Appeal has been filed against the impugned judgment dated 13/10.2.2003 passed by the learned Single Judge in Writ Petition No. 45536 of 2003. The petitioner appeared in entrance test for admission to B.Tech. (Electronics and Communication) course. He deposited part of the requisite fee i.e., Rs. 33,000/- on 7.7.2003 and remaining part i.e., Rs. 30,000/- on 16.7.2003. Subsequently, on 1.8.2003 he made a representation to the Vice Chancellor of Bundelkhand University, Jhansi, for refund of the fee as he did not want to pursue his study in the institution. Since this prayer was not granted, he filed the aforesaid writ petition which has been disposed off by the impugned judgment of the learned Single Judge.
3. After careful perusal of the impugned judgment and hearing submission of the learned Counsel, we do not find any legal infirmity in the impugned judgment of the learned Single Judge. Under the relevant Rule, 50% of the fee shall be refunded by the Vice Chancellor if an application is made within three weeks of the date of deposit of the fee, and this request shall not be considered under any circumstances if made after three weeks from the date of deposit of the admission fees by the candidate.
4. In the present case, in our opinion, the fee shall be deemed to have been deposited on 16.7.2003 and not on 7.7.2003. The deposit means the deposit of the entire requisite fee. The amount deposited on 7.7.2003 was only part of the requisite fee, whereas the entire fee had been deposited by 16.7.2003. As such the period for calculating three weeks must be deemed to have commenced from 16.7.2003 when the entire fee had been deposited, and not from 7.7.2003. Hence the application for refund of the fee by the petitione was within three weeks and hence we agree with the view taken by the learned Single Judge.
5. With the above observations this Appeal is dismissed.