(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8876 OF 2010 Mayuri d/o. Kishor Patil, Age : 17 years, Occupation : Student, Minor U/g. of her father Shri Kishor s/o. Tulshiram Patil, Age : 43 years, Occupation : Service, R/o. Old Agricultural College Campus, C/8, Pharola Road, Dhule. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Department of Technical Education, Mantralaya, Mumbai-32. 2. The Director of Technical Education, Directorate of Technical Education, 3, Mahapalika Marg, Post Box No. 1967, Mumbai - 01. 3. The Joint Director of Technical Education, Aurangabad Region, Aurangabad. 4. The Principal, Savitribai Phule Women's Engineering College, Gut No. 59/P, Sharnapur, Nashik Road, Aurangabad 431 130. 5. Assistant Registrar, Agricultural College of Dhule, District : Dhule. .. Respondents. (2) ....................... Mr. V.P. Golewar, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos.1 to 3. Mrs. S.S. Rajvaidya, Advocate, for respondent no.4. Mr. P.L. Shahane, Advocate, for respondent no.5. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner seeks a direction to the respondent no.4 / college, to return original documents of the petitioner, along with fees and other deposits made by the petitioner on 3rd September 2010, at the time time of taking admission to the First Year, Bachelor of Engineering (I.T.) course. (3) 3. The petitioner had taken admission in the respondent no.4 / college. However, now the petitioner is entitled to get admission in the respondent no.5 / college. As such, she has applied to the respondent for refund of fees and return of the original papers submitted by her at the time of admission to B.E. course. However, the respondent no.4, by his communication dated 21st September 2010, has communicated the petitioner, that as per admission rules, the request for cancellation of admission is received after start of academic session and, therefore, the fees could not be refunded. 4. The relevant rule regarding the refund of tuition fees would reveal that if a request for cancellation of admission is received before the date of commencement of academic session and the seat could be filled in by the institute before the cut off date, the entire fees is liable to be refunded to the candidate, except Rs. 1000/-. 5. The case of the petitioner is fortified by the communication dated 21st September 2010, addressed by the respondent no.3 to respondent no.4. It can be seen from the said communication, that the last date for admission was 25th September 2010 and the petitioner has cancelled her admission prior to that. In that view of the matter, the respondent no.4 is liable to refund the entire amount, except Rs. 1000/-. (4) 6. In the result, the petition is allowed. (i) The respondent no.4 is directed to refund the entire amount received from the petitioner, at the time of taking admission to first year B.E. (I.T.) course, by deducting Rs. 1000/-, within a period of one week from today. (ii) The respondent no.4 is also directed to return all the original documents received from the petitioner, at the time of taking admission to first year B.E. (I.T.) course. (iii) The learned Counsel appearing for respondent no.4 fairly concedes, that in so far as documents are concerned, the same shall be returned to the petitioner today itself. 7. Rule is made absolute in the aforesaid terms. However, parties shall bear their own costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp8876