( 1 ) APPELLANT 1 is an engineering college in the State of Maharashtra. Other appellants are office-bearers of the college. In the year 1997-98, respondent 1 secured admission against payment seat and paid Rs 96,000 by way of tuition fees and Rs 500 by way of caution money. He also made certain other payments with which we are not concerned. This admission was secured after the process of admission was over. However, within two months from the date of admission the respondent withdrew his admission as he had got admission elsewhere. He sought for a refund of the tuition fee and the caution money paid by him. The refund having been not allowed by the appellants, the respondent filed a writ petition under Article 226 of the constitution seeking a writ of mandamus directing the appellants to make the refund.

( 2 ) THE High Court has allowed the petition directing a sum of Rs 95,500 to be refunded. The figure of Rs 95,500 has been arrived at by the High Court by deducting an amount of Rs 1000 from the tuition fees as according to a go issued by the State Government Rs 1000 was liable to be deducted while making the refund. The only plea which was raised before the High Court on behalf