Refund policies established by educational bodies prevail over institutional guidelines when addressing admission cancellations.

JUDGMENT The petitioner sought admission to the B.Tech (C.S.) course with the first respondent University. He was admitted provisionally to the course on 02.11.2022, on which date an amount of Rs. 64,985/- was remitted towards the course fee. On 09.11.2022, the petitioner was formally admitted to the course by the first respondent. However, on 30.11.2022, the petitioner sought to cancel his admission with the first respondent for joining Model Engineering College, Thrikkakara. Later, on the basis of his cancellation of admission, the petitioner’s father sought refund of the course fee remitted by him. But the petitioner was informed that the refund could not be granted in view of Ext. P8, which provided for no refund in a case where the claim is made beyond 30 days from the date of commencement of classes, which in the case at hand is 20.10.2022. It is in such circumstances that the petitioner is before this Court seeking appropriate directions.

2. Heard Sri N.B. Narayanan, learned counsel for the petitioner, Sri S.P. Aravindakshan Pillay, learned Standing Counsel for the 1st respondent, as well as Sri S. Krishnamoorthy, learned Standing Counsel for the 2nd respondent.

3. The dates are not in dispute. The petitioner joined the course on 02.11.2022, as noticed earlier. He sought cancellation of his admission with the 1^st respondent on 30.11.2022. Therefore, it is with reference to the aforesaid dates as well as the commencement of classes that the entitlement for refund requires to be normally considered. The classes admittedly commenced in the 1^st respondent on 20.10.2022. As per Ext. P8 issued on the basis of the guidelines of AICTE, if the refund is sought before the commencement of classes, only Rs. 1,000/- requires to be deducted towards processing fee and the entire balance requires to be refunded. At the same time, if the refund claim is made after commencement of classes, however within 30 days thereafter, 50% of the fee requires to be refunded. As against the above, if the refund is sought beyond 30 days from the commencement of classes, the claimant is not entitled to any refund.

4. With reference to these dates, Sri S.P. Aravindakshan Pillay, learned Standing Counsel, points out that the classes commenced on 20.10.2022 and, admittedly, the period of 30 days requires to be calculated from that date and, since the petitioner has chosen to cancel his registration beyond 30 days, he is not entitled to a refund.

5. On a prima facie consideration of the afore contention, I am of the opinion that the interpretation suggested by Sri S.P. Aravindakshan Pillay requires to be accepted.

6. At the same time, this Court notices that a different consideration has been made, at least with reference to the academic year 2022–23, by the 2^nd respondent UGC through Ext. P5 communication dated 02.08.2022, as under:

In view above, and in order to avoid financial hardships being faced by parents, it has been decided by UGC that full refund of fees should be made by the higher educational institutions on account of all cancellations of admissions/migrations of students up to October 31,2022 for the academic session 2022-2023 as a special case. It is made clear that the entire fee, including all charges, should be refunded (ie., there should be zero cancellation charges) on account of cancellations/migrations up to October 31,2022. Thereafter, on cancellation/withdrawal of admissions up to December 31, 2022. The entire fee collected from a student should be refunded in full after deducting not more than Rs.1000/- as processing fee.

7. Thus, as regards the academic year 2022–23, the UGC has, as a ‘special case’, provided that full refund requires to be effected when the cancellation of ad