IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18238 of 2010 Date of Decision: 29.11.2011 Devinder Malik ...Petitioner Versus State of Haryana and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Y.P.Malik, Advocate for the petitioner Mr. R.D.Sharma, Deputy Advocate General, Haryana for respondent No.1. Mr. Anurag Goyal, Advocate, for respondent No.2. Mr. R.Kartikey, Advocate, for respondents No. 3 and 4. **** SURYA KANT, J.(Oral) The petitioner was admitted in B.Pharmacy course in Shri Baba Mastnath Institute of Pharmaceutical Science & Research, Rohtak on 18.08.2008 as per his merit but hardly within a week i.e. on 27.8.2008 he was upgraded and got admission in Kurukshetra University, Kurukshetra which is undoubtedly a better institution. The petitioner immediately applied for refund of fee of ` 49,516/- deposited by him with respondents No. 3 and 4 but the same was withheld without assigning any reason. Maharishi Dayanand University, Rohtak with whom respondents no. 3 and 4 are affiliated has filed such a casual reply/affidavit which simply suggests its collusion with respondent No. 3 college. Respondents No. 3 and 4 have also filed their separate reply/affidavit objecting the relief sought by the petitioner. CWP No. 18238 of 2010 [2] 2. I have heard learned counsel for the parties at some length and perused the record. 3. The fact that the petitioner vacated the seat of respondents No.3 and 4 in less than 10 days of his admission and the last date for admissions was yet to expire on 30.08.2008 which was further extendable on deposit of late fee and thus respondents No. 3 and 4 had got ample opportunity to fill up the resultant vacant seat, there appears to be no rhyme or reason whatsoever to penalize the petitioner. The writ petition is accordingly allowed with a direction to respondents No.3 and 4 to refund the above stated amount to the petitioner within a period of one month from the date of receipt of a certified copy of this order failing which he shall be entitled to interest @ 9% per annum. Dasti. 29.11.2011 (SURYA KANT) 'ravinder' JUDGE