IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 3427 of 2022

Ojas Vinayak

….. Petitioner

Versus

1. The State of Jharkhand, through the Secretary, Department of Education,

Ranchi

2. The Dean (Admission, Accreditation & Coordination), Birla Institute of

Technology, Mesra, Ranchi

3. The Registrar, Birla Institute of Technology, Mesra, Ranchi

….. Respondents

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CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner:

Mr. Arwind Kumar

For the State:

Mr. A. K. Thakur, A.C to A.A.G-III

For the BIT:

Mr. Srijit Choudhary

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07/08.02.2023

The present writ petition has been filed for issuance of direction upon the

concerned respondents to refund the total fee amount of Rs.3,23,000/- with

interest in terms with the Rules as provided in the notice being Ref:

Go/Notice/2021-22/1188 dated 24.05.2021 (Annexure-4 to the writ petition)

issued by the respondent No.3 as the said amount was paid by the petitioner to

Birla Institute of Technology, Mesra, Ranchi for admission in Semester-I of

B.Tech (Mechanical Engineering), Session-2021-25 under NRI quota and

subsequently he withdrew admission before commencement of classes.

Heard learned counsel for the parties and perused the contents of the

present writ petition. It appears that the respondent No.2 vide letter dated

15.05.2021 informed the petitioner that pursuant to his application sent through

e-mail for admission to B.Tech programme under NRI category, he was

provisionally selected for the said course at BIT, Mesra, Ranchi. Accordingly, the

petitioner was asked to send his acceptance through e-mail to the concerned

website of the BIT, Mesra, Ranchi. The said letter also clarified that the fee once

remitted would not be refunded under any circumstance.

It further appears that the petitioner made certain query regarding the

policy of refund of fee which was responded by the respondent-Institute vide e-

mail communication dated 19.05.2021 stating that no refund would be made in

case of withdrawal. Subsequent to the said communication, the petitioner paid

the required fee on 09.07.2021. The petitioner was thus made aware vide e-

mail communication dated 19.05.2021 that there would be no refund of fee in

case, the admission is subsequently withdrawn by him.

So far as the notice dated 24.05.2021 issued by the respondent No.3

containing the Rules regarding refund of fees received from a student, who

takes admission in any programme of the said Institute and subsequently

decides to withdraw from the said programme is concerned, on perusal of the

same, it appears that the said notice is not applicable for NRI students. The

petitioner has thus failed to make out any case seeking refund of total

admission fee of Rs.3,23,000/- by the respondent-Institute.

The present writ petition is accordingly dismissed.

Satish/-

(RAJESH SHANKAR, J)