Educational institutions cannot impose non-refundable fees if students do not attend classes, as it contradicts principles of fairness and non-profit operation.

JUDGMENT :

A.K. Mohapatra, J. :

1. The present writ petition has been filed by the petitioner seeking refund of the course fee along with accrued interest.

2. The petitioner, who is the young boy aged about 17 years in the present writ petition through his father guardian, has approached this Court by filing the above noted writ application with a prayer for a direction to the Opposite Parties to refund Course Fee along with interest, which has been deposited by the petitioner at the time of taking admission into Opposite Party Educational Institution. After taking admission, he did not continue study in the institution.

3. The factual matrix, in a nutshell, is that the petitioner on being duly selected to take admission into B.Sc. Information Technology and Management (ITM) course imparted by Revenshaw University, Cuttack for the academic session 2014-15 took admission on 12.07.2014 and was accordingly assigned the Roll No.as 14DIT-049. On the date of admission, the petitioner was asked to deposit a sum of Rs.30,000/-(rupees thirty thousand) towards course fee in addition to the admission fees that fees for Rs.1760/-(rupees one thousand seven hundred sixty) before the Opposite Parties. Further the petitioner was intimated that the course fee that be deposited at the time of admission in a shape of Bank draft and nowhere in the prospectus/intimation, it was mentioned that the course fee shall be forfeited in the event the petitioner does not continue course in the Opposite Parties college.

4. While the matter stood thus, the petitioner got selected for C.T. Training in the entrance examination conducted by the Directorate of Teacher Education and SCERT, Odisha, Bhubaneswar and accordingly, he was sent to R.N.S.T. School, Cuttack. The date of admission into C.T. Course was fixed from 21.08.2014 to 27.08.2014. Since the petitioner was interested to undergo C.T. Training, the petitioner applied to the Opposite Parties prescribed proforma for issuance of transfer certificate and conduct certificate on 27.08.2014. The petitioner had also made an application to the Opposite Parties to refund course fee of Rs.30,000/-(rupees thirty thousand), which was deposited at the time of admission. On 27.08.2014, the transfer certificate was issued. Further such transfer under Annexure-5 reveals that the tuition fee has been paid upto May, 2015 by the petitioner. On 28.08.2014, another application was filed to refund the admission fees of Rs.1760/-.

5. Since the Opposite Parties did not refund the fees, as paid by the petitioner, the petitioner approached this Court by filing the writ petition bearing W.P.(C) No.23865 of 2015. By order dated 12.12.2014 which was subsequently modified dated 22.01.2015 directing the Opposite Party No.1 to consider and dispose of the representation of the petitioner within a period of two weeks. Accordingly, the petitioner submitted representation on 29.01.2015, however, no action whatsoever was taken on the said representation of the petitioner which compelled the petitioner to file CONTC No.292 of 2015. By order dated 09.12.2015, the said CONTC was disposed by granting further two weeks time to the contemnors. Thereafter, the representation of the petitioner was disposed of vide order dated 16.12.2015 holding that the claim under representation has no merit. Challenging the order dated 16.12.2015 rejecting the petitioner9s representation under Annexure-9, the present writ petition has been filed.

6. The Opposite Parties have filed counter affidavit. In the counter affidavit, it has been stated that the admission information brochure undergraduate classes 2014-15 of the Revenshaw University clearly provides that the course fee is not refundable after the