CWP No. 6202 of 2011 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 6202 of 2011 Date of Decision: 18.10.2011 Neel Mani ...Petitioner Versus State of Haryana and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Ashok Kumar Sharma Bhana, Advocate, for the petitioner. Mr. R.D.Sharma, Deputy Advocate General, Haryana for the respondents. **** SURYA KANT, J.(Oral) The writ petition reveals a very sordid state of affairs as to how young students are being exploited by the private institutions by charging exorbitant fee, may be in connivance with the State authorities. The petitioner is a minor girl who applied for admission to Diploma in Education (General Urdu) for the academic session 2010-12 for which the last date for submission of admission form was 16.08.2010. The petitioner as per her merit was allocated for admission to respondent No.3-College of Education by the State Council of Education Research & Training, Haryana vide letter Annexure P-1 wherein it was duly mentioned that she was required to pay fee of ` 18,400/- per annum. The petitioner was willing to pay the said fee, however, she alleges that the management of respondent CWP No. 6202 of 2011 [2] No.3 College demanded a higher fee of ` 46,000/- per annum which her parents were unable to pay. The matter was immediately brought to the notice of the State authorities by the father of the petitioner vide representations (Annexures P-2 & P-3) but no heed was paid. A legal notice served on behalf of the petitioner (Annexure P-4) also yielded no results compelling her to approach this Court through this petition. While the College has not come forward with any reply/affidavit despite opportunities given, the allegations levelled by the petitioner have not been unrebutted by the official respondents also. The reply dated 22.09.2011 of the Director, State Council of Education Research & Training, Haryana infact can be turned as totally casual for the reason that even after acknowledging the fact that the State Government has prescribed a total annual fee of ` 18,400/- only, para No.11 of the reply/affidavit expresses unacceptable helplessness as if nothing can be done at this stage because the admissions are over. In my considered view, if an institution like respondent No.3 is found indulging in malpractices like fleecing the students and/or coercing the students to pay the exorbitant fee of ` 46,000/- per annum, which is much more than the prescribed Government fee, it is imperative upon the authorities to promptly intervene in the matter and take remedial action against the college like respondent No.3 including its closure, if so required in public interest. The authorities instead of showing repentance for the inaction, are accusing the petitioner for the so called delay and loss of almost one CWP No. 6202 of 2011 [3] year of the course duration. Since the respondents have not refuted the petitioner's allegations of demanding admission fee of ` 46,000/- per annum from her by respondent No. 3 college in utter violation of the government policy. I allow this writ petition with a direction to the Director, State Council of Educational Research & Training, Haryana, to grant admission to the petitioner in Diploma of Education course in the immediate next academic session in any Institute other than respondent No.3, preferably in a nearby Institute. This direction is necessitated to prevent undue harassment to the petitioner at the hands of the management of respondent No.3 college. The petitioner shall also be entitled to the damages to the tune of ` 25,000/- which shall be recovered from respondent No.3 by the official respondents and a compliance affidavit shall be filed in the Court. The State Government shall also constitute a flying squad who shall check the institutions like respondent No.3 at random to find out as to whether the fees charged by them during the admission periods are as prescribed by the State Government and in consonance with the fee structure fixed by the State Government. Needless to say that any violation in this regard shall be viewed seriously. Dasti. 18.10.2011 (SURYA KANT) 'ravinder' JUDGE