IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2163 of 2007 (M/S) Km. Saloni Gupta, D/O Sri S.S.Rupak, R/O Compound Sari Saran, Humaunpir South, Gorakhpur, District Gorakhpur, U.P. presently at Room No. 11, Shubhash Bhawan Pantnagar, District Udham Singh Nagar. …… Petitioner. Versus State of Uttarakhand, through Chief Secretary, Civil Secretariat Uttaranchal Government, Dehradun and two others. … Respondents. Sri S.K.Mandal, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondent no.1. Sri Rajendra Dobhal, learned counsel for the University-respondents no. 2&3. Date April 24, 2008. Hon’ble B.S.Verma, J. Heard Sri S.K.Mandal, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State and Sri R.Dobhal, learned counsel for the respondent nos. 2 and 3. This writ petition has been filed to issue a writ, order or direction in the nature of mandamus directing the respondents not to charge the additional/capitation fee of Rs. One lac from the petitioner. Prayer for writ of mandamus directing the respondents to return the entire extra/capitation fee deposited by the petitioner for the Session 2003-04, 2004-05, 2005-06 and 2006-07 with interest and to exempt the petitioner for further extra payment till completion of the B.V.Sc. & A.H. degree course. In the course of arguments, learned counsel for the petitioner has submitted that the controversy raised by means of this writ petition has already been resolved and the matter is squarely covered by the Division Bench judgment of this Court 2 delivered on 04-01-2006 passed in Writ Petition No. 641 (M/B) of 2005 Abhishek Vs. State of Uttaranchal and two others. Learned counsel for the petitioner has further contended that the writ petition may also be disposed of on the same terms and observations expressed in the aforesaid judgment. I have perused the Division Bench judgment dated 04- 01-2006. In paragraph no. 13, the following observations were made:- “13. In the light of the discussion above, we are of the view that the respondents are not entitled to charge any additional fee as fee against Payment Seat from the petitioner even though he was admitted to the B.V.Sc. and A.H. Course in the academic year 2003-04. Since the petitioner had paid such additional fee without protest for the year 2004-2005, we do not consider it proper or just to direct the University to refund the additional amount paid by the petitioner in the year 2004-2005. It is declared that from the year 2005-2006 onwards the petitioner will not be liable to any additional amount as fee against Payment Seat. But it is made clear that the respondents will be free to demand from the petitioner fees at the rates revised as per Annexure 4 or any subsequent revision.” Following the ratio of the said judgment and since the petitioner had paid additional amount of fee without protest for the academic Sessions 2003-2004, 2004-2005, 2005-2006 and 2006- 2007, I do not consider it proper and just to direct the University to refund the additional amount paid by the petitioner for the aforesaid academic Sessions. It is declared that for the Session 2007-2008, the petitioner will not be liable to pay any additional amount as fee against the payment seat. Learned counsel for the petitioner informed the Court that he had already deposited the amount of Rs. 1,00,000/- (one lac) for the Session 2007-2008 in pursuance to the interim order passed by this Court on 10-07-2007. 3 The writ petition is disposed of on the same terms and observations made by the Division Bench of this Court in Writ Petition No. 641 of 2005 (M/B), Abhishek Vs. State of Uttaranchal and two others. Accordingly, the respondent nos. 2 and 3 (University) are directed to refund the additional amount of Rs. One lac to the petitioner, which has been deposited for the academic session 2007-08 within a period of one month from the date of production of certified copy of this order. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5 6