Amit Vaidya had cancelled his seat in the college as he secured admission elsewhere in his preferred college. As he was denied refund of fees, he moved the High Court.
"In this case, as a result of withdrawal by petitioner from the admission allotted, the seat would remain vacant for a period of four years. Hence, no case for interference is made out and the petition is hereby dismissed," Justice D Y Chandrachud and Justice R D Dhanuka observed recently.
The judges noted that the rules which have been framed by Directorate of Technical Education provide for a refund of tuition fees in certain eventualities.
"Insofar as is material, the rules stipulate that no refund of fees except for security of deposit can be granted where a request for cancellation of admission is received before or after the start of academic session and the seat cannot be filled by the institute," the judges said.
In the present case, the college filed an affidavit stating that the seat which is allotted to the petitioner could not be filled upon after he vacated the seat.
"The petitioner, as the facts will show, withdrew from the seat at 3.40 PM on the cut off date which was September 15, 2010. Since the seat has remained vacant, a refund of fees is not envisaged under the rules," the judges ruled. MORE
