JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner, seeking to quash and set aside the impugned fee concession received via an email dated 15.07.2024 from respondent no. 3, Flame University. The petitioner also challenges the action of respondent no. 2, The Ceremonial & Welfare Signature Not Verified W.P.(C) 11488/2024 Page 1 of 9 Digitally Signed Directorate, in approving a 75% fee concession for his daughter without his consent.

2. The case set out by the petitioner, a Lieutenant Colonel in the Indian Army, is that exorbitant expenses are being imposed on him by respondent no. 3, despite his lack of consent. It is stated that a Memorandum of Understanding („MoU‟) between respondents no. 2 and respondent no. 3 is a welfare measure that cannot be legally enforced without the petitioner‟s free consent, particularly given his official position in the Indian Army. It is stated that after the 75% fee concession, the non-professional graduation course and lodging expenses amount to approximately Rs. 5 lakhs per year, excluding food, travel, and books, bringing the total expenditure to around Rs. 7 lakhs per year. Furthermore, respondent no. 3 offers four-year non- professional degree courses (BA, B.Com, B.Sc., BBA), which are typically completed in three years in other institutions across India. Consequently, the petitioner would be paying Rs. 28 lakhs for a non- professional course, after which his daughter would still struggle to secure decent employment. The petitioner also highlights his personal circumstances, including marital discord since February 2021, serious illnesses affecting his parents, and multiple cases filed against him by his estranged wife in various locations. He states that despite paying maintenance, the petitioner has not been granted visitation rights to his daughters, who were studying at Loreto Convent School in Delhi before being moved to a private school and hostel in Pathankot. It is submitted that on 15.07.2024, the respondent no. 3 had confirmed via email that the petitioner's elder daughter, who had scored 70% in Signature Not Verified W.P.(C) 11488/2024 Page 2 of 9 Digitally Signed Class XII CBSE, was granted provisional admission with a 75% fee concession approved by Army Authorities. The petitioner contends that this institution is not suitable for his daughter and that the concession is only valid for serving Army personnel, not retired ones. The petitioner, having sought pre-mature retirement, which was approved on 12.07.2024, had informed respondent no. 3 and requested cancellation of the concession. He alleges that his estranged wife managed the concession through relatives, which has led to the filing of this petition for challenging the imposition of financial liability without his consent.

3. Learned counsel for the petitioner argues that there was no free consent from the petitioner regarding the fee concession, yet he is being forced to bear financial burdens related to his family, particularly his minor children. It is contended that since the petitioner‟s pre-mature retirement has been approved, he is now eligible for only a 50% fee concession as per the MoU, which further increases the cost of the non-professional graduation course. Given his financial constraints, it is argued that the petitioner cannot afford the exorbitant fees for such a degree, particularly when his daughter could instead pursue a professional course at a reputable institution. The petitioner seeks the cancellation of the fee concession, arguing that the course at Flame University, lasting four years compared to the usual three, will not adequately qualify his daughter for future employment. While highlighting the financial obligations of the petitioner, including those towards his younger daughter and family, Signature Not Verified W.P.(C) 11488/2024 Page 3 of 9 Digitally Signed it is asserted that respondents have failed to addre