CWP No.14191 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14191 of 2008 Decided on: November 19,2008. G. H. I. Sr. Secondary School, Joshi, ......Petitioner Versus State of Haryana and and others .... Respondents Coram Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice Nawab Singh Present Mr.Jagbir Malik, Advocate for the petitioner. Mr. D. S. Nalwa, Additional Advocate General, Haryana for respondents no.1 and 2. Mr. Sanjeev Ghai, Advocate for respondent no.3. ***** Hemant Gupta, J ( Oral ) Petitioner, a unaided but recognized school, has sought refund of fee deposited for its students with Haryana School Education Board for the session 2004-2005, 2005-2006 and 2006-2007 in respect of the examination to the classes 8th to 12th. The petitioner relies upon the instructions Annexure P2 which contemplates certain concession in respect of examination fee payable by the students belonging to Scheduled Caste and other Backward classes studying in Government as well as recognized , privately managed school and colleges. In view of the said instructions, the petitioner claims that the examination fee deposited by its Scheduled Caste and Backward classes students, is required to be refunded to the petitioner. In reply, it has been pointed out that instructions had been issued on 30.5.2003 that fee will be refunded for the students studying in 8th, 10th and 12th in Government and Govt.aided schools. Therefore, the students of the petitioner which is an unaided school are not entitled for refund of the examination fee. Learned counsel for the petitioner has refered to written CWP No.14191 of 2008 2 statement filed by the State in CWP No. 4533 of 2003 wherein it has been contended that State has conceded the refund of examination fee to unaided schools as well. However, a perusal of written statement does not support the contention raised by the petitioner. It is pointed out in the said written statement that initially on 25.11.2002 a clarification was issued that exemption is from depositing examination fee by the students of Scheduled Castes and Backward Classes who are the students of Govt. schools and aided schools but the said letter was withdrawn on 24.3.3003. Thereafter, another circular was issued on 30.5.2003 that, for Scheduled Caste and Backward classes candidates who are the students of Govt. and Govt. aided schools studying in 8th, 10th and 12th classes for examination of Haryana School Education Board are exempted from payment of examination fee. It was further pointed out that examination fee charged from the students of unaided recognized schools for the annual examination fee of March-April 2003 has been decided to return to them. It appears that the decision to return examination fee for March-April 2003 was taken in view of withdrawal of the earlier circular on 24.3.2003. In the present case, the petitioner claims refund of examination fee for the academic session 2004-05 and subsequent examinations. The said examinations are after the issuance of letter dated 30.5.2003, in terms of the said clarification, and thus, the petitioner is not entitled to refund of the examination fee in respect of Scheduled Caste and Backward Classes students. Consequently, we do not find any merit in the present petition and the same is hereby dismissed. ( Hemant Gupta ) Judge November 19, 2008 ( Nawab Singh ) mamta Judge