Punjab

Faridkot

CC/16/51

Rashmi - Complainant(s)

Versus

The Vice Chancellor Baba Farid University - Opp.Party(s)

In Person

25 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :        51

Date of Institution:   17.02.2015

Date of Decision :    25.02.2016

 

Rashmi d/o Sh Sham Sunder C-85, New Cantt Road, Faridkot.

...Complainant

Versus

1. The Vice Chancellor, Baba Farid University of Health Sciences, Sadiq Road, Faridkot.

2. The Director, Directorate of Research and Medical Education (Punjab), 7^th Floor E Block, Punjab School Education Board, Phase 8 SAS Nagar, Mohali                                                                                                                                                    ......OPs

    

    

   Complaint under Section 12 of the

   Consumer Protection Act, 1986.

    

   Quorum:     Sh Ajit Aggarwal, President,

   Smt Parampal Kaur, Member,

   Sh P Singla, Member.

    

   Present:      Sh Sham Sunder, father of complainant in person,    

                    

    (Ajit Aggarwal, President)

                              The present complaint is fixed for today for preliminary hearing on admission. The complainant has filed the present complaint against OPs for ordering them to refund the fee of Rs 4,500/-alongwith interest and compensation.

   2                                                        The complainant has pleaded that Hon’ble Supreme Court of India vide its order dt 18.09.2014 passed in Writ Petition No. 469 of 2014 has ordered that the Directorate of Medical Education & Research of the respective States shall send students, in order of their merit, to the medical colleges run by the petitioners, in that writ petition which are situated within their states for admission to MBBS Course. On it, OPs gave advertisement in the Newspaper asking the candidates to apply for admission to the Chintapurni Medical College. In response to this advertisement, she applied and deposited Rs 4,500/-in the shape of draft as application fee but the name of complainant did not appear in the list of counselling. She asked the reason for not considering her for admission and she was informed that she was not eligible. On it, she asked OPs to refund the fee deposited by her. OP-2 forwarded her letter to OP-1 for compliance as per rules, but OP-1 rejected her request by giving reference to the rules mentioned in the prospectus of PMET/2014. The complainant pleaded that her application was not considered for admission as she was not eligible then, in that case her application fee should be refunded. In her support, she placed on record the copy of order dt 18.09.2014 passed by Hon’ble Supreme Court of India. Copy of the  letter dt 29.06.2015 written by OP-2 to OP-1 stating that the complainant applied for admission in MBBS course for the session 2014-15 as she was not qualified in All India PMET, so her application was not considered. Now, complainant is demanding refund of application fee deposited by her and OP-1 directed that as per rules the draft should be refunded. She also placed on record letter dt 16.07.2015 issued by OP-1 to complainant in response to the letter issued by OP-2 to OP-1 where as she informed that as per rules para 8 (3) (c) of prospectus “The fee once deposited in University account will not be refunded/adjusted” and rejected the request for refund of fees. The complainant asked that as her application for admission is not considered by OPs as she was not eligible for admission so, in that case, her application fees should be refunded to her and OPs have no right to retain her application fees with them.

   3                                          The case of the complainant is that the application fees got deposited by Ops alongwith her application for admission in MBBS course should be refunded as she was not given admission in that course. Application fees alongwith application is demanded by institutions as administrative charges for processing of application and conducting counselling and other concerned charges from the candidates. There is no provision to refund the application fee, if the candidate does not succeed to get admission or job whatsoever, he applies as this fee is taken by the institutions as admission charges for processing applications and conducting counselling or interviews etc. Only giving application for admission in any course is not a guarantee to get admission in that course. Moreover, as per orders of Hon’ble Supreme Court of India, the Ops are directed to give admission to the students in medical colleges as per merit. The students who did not fall under the merit, cannot claim admission as their right or refund of their application fees. It is admitted by the complainant that she was not eligible for admission in the MBBS course as she was not qualified in All India Pre Medical Entrance Test. Moreover, in the prospectus/application form, it was clearly mentioned that the fees once deposited in University will not be refunded or adjusted. In our view, the complainant is not entitled to get refund of her application fees, which was deposited by her alongwith her application and Ops have rightly rejected her request.

    4                                            In view of aforementioned discussion, we do not find any merit in the present complaint. Hence, complaint in hand is hereby dismissed in liminee. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.

    Announced in open Forum:

     Dated: 25.02.2016                         

    

   Member                   Member                President                              (Parampal Kaur)              (P Singla)              (Ajit Aggarwal)