Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Ananya – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Through the present writ petition, the petitioner seeks issuance of a direction to the respondent No.2, Murari Lal Rasiwasia Ayurvedic College and Hospital, Charkhi Dadri, to refund the tuition fees for the B.A.M.S. course (excluding the 1st year), amounting to Rs. 7,17,122/- which petitioner was compelled to deposit as a pre-condition for issuance of a ‘No Objection Certificate’ to enable her migration to another college after completion of the 1st year at the respondent No.2- College.
2. Learned counsel for the petitioner, placing reliance upon the Migration Regulations adopted by Shri Krishna AYUSH University, Kurukshetra (hereinafter referred to as “AYUSH University”), submits that a college is entitled to charge tuition fee for the month in which migration is permitted by the University, and the college from where the student migrated is not entitled to charge fee for fraction of a month. It is further contended that the respondent No.2 erroneously treated the petitioner’s migration as abandonment of the course, whereas the petitioner migrated to another college only after obtaining a ‘No Objection Certificate’ from the respondent No.2, that too w
Migration is not a vested right and can only be granted upon valid reasons being shown, as per the relevant rules and previous judgments.
Compliance with MCI regulations, including the eligibility criteria for migration, is essential for seeking transfer in medical education.
The court declared the blanket ban on migration for medical students with disabilities unreasonable and unconstitutional, emphasizing the individual's rights under the PwD Act, thus mandating reasona....
The respondents could not impose the conditions under the impugned clauses 10, 13, 21, and 22 while approving the fee structure in the petitioners' institute, as the conditions were not lawful and we....
Migration between colleges requires valid reasons and adherence to procedural rules; a delay in application submission cannot be justified without substantial grounds.
The imposition of excessive fees for medical college admission violates the equality principle under Article 14, compromising access to education for economically disadvantaged students.
Educational institutions cannot impose non-refundable fees if students do not attend classes, as it contradicts principles of fairness and non-profit operation.
Students may seek mutual transfer between colleges despite previous transfer denials if new regulations permit reconsideration of their applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
