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mahendrakumar (marketing)     15 November 2009

Prospectus of admission

can management impose any penalties/liquidated damages for withdrawal of admissions under management quota in the absence of such clauses in prospectus for admission?

by simply medntioning refund policy as per govt guide lines,is management legally right in imposing penalties?

In the absence of publicy available guide lines,will those simple mentioning of refund policy legally sustainable?Is it mandatory for managements to mention all adverse clauses explicitly in the prospectus for it be legally enfoceable?

any guidance on above will be highly appreciated


 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 November 2009

There may be other terms dealing with such problems the passing refrence of which might be given in the prosepectus. The management is required to come openly on all the terms of its quota seats and a policy to deal with the problem you referred. If no policy exists therein then the law of natural justice prevails. management might have suffered the losses due to vacancy of seat in such case and such loss may be proportionately borne by both the parties.

mahendrakumar (marketing)     17 November 2009

thanks for the reply.

however, if a more clear view could be given,it would be of much helpful in proceeding further against this matter which i consider as "grave injstice"

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