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ALOK ARADHE, M. G. S. KAMAL
Vaibhav Khosla – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. In this writ petition, the petitioner inter alia seeks a writ of mandamus directing respondent Nos.2, 3 & 5 to return the original documents submitted by the petitioner to Karnataka Examination Authority at the time of issuance of order of admission dated 16.05.2018 as well as a direction to respondent No.5 not to insist on payment of tuition fee of Rs.25,32,000/- for the entire duration of three years of MD Psychiatry course. The petitioner also seeks a writ of mandamus directing the Karnataka Examination Authority and respondent No.5 to refund the fee of Rs.7,74,500/-deposited by the petitioner at the time of admission to the aforesaid course on 16.05.2018.
2. Facts leading to filing of this petition, briefly stated are that the petitioner completed the MBBS course from Government Medical College, Amritsar in the State of Punjab and has been conferred the medical degree by the Baba Farid University of Health Sciences, Punjab. The petitioner appeared in the Post Graduate National eligibility cum Entrance Test, 2018. The petitioner was registered with Karnataka Examination Authority which is designated authority for conducting counseling for admission to P.G. Medical Courses
An educational institution can only charge prescribed fees for one semester/year and has no right to demand the remaining course fee if the student surrenders the seat before the last date of counsel....
Withholding original academic qualification certificates by the college is impermissible in law.
Educational institutions must adhere to guidelines on tuition refunds while considering individual circumstances.
Educational institutions cannot impose non-refundable fees if students do not attend classes, as it contradicts principles of fairness and non-profit operation.
Retention of original certificates as security for payment must be supported by the terms and conditions of admission and lawful authority, and cannot be sustained without proper legal basis.
Educational institutions cannot retain students' original documents to compel fee payment, as such action lacks legal authority.
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