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Education institution is bound to refund excess fee charged

Raj Kumar Makkad ,
  26 April 2010       Share Bookmark

Court :
High Court of Karnatka
Brief :
Constitution - Petitioners completed course in MBBS and intended to pursue further studies - they required No Due Certificate and completion certificate - in an earlier petition the respondent, Institution, was directed to pay back fee to petitioners - petitioners approached the institution to specify the quantum of bank guarantee, but they failed to give it - Petitioners have prayed in these petitions a writ to direct the respondents to issue the certificates and direct respondent to accept bank guarantee for an amount which petitioners are due for excess fee paid by them.
Citation :
Ms. Anitha Kumari v. State of Karnataka (Decided on 01.04.2010) MANU/KA/0120/2010


Held, the court accepted the submission of counsel for the respondent that there is no need for furnishing the figures by them and on the other hand the petitioners have to furnish bank guarantee to the extent of amount that they are entitled. petitioners have to furnish the bank guarantee to the third respondent to the extent of the amount that they are entitled to from the third respondent. Initially the bank guarantee shall be for a period of one year and within that period it the special leave petition filed by the third respondent is not disposed, then the bank guarantee will have to be extended by the petitioners till the disposal of the special leave petition. On furnishing of the bank guarantee by the petitioners, the third respondent to refund the excess fee to the extent of bank guarantee. The court said that the respondent shall issue the No Due Certificate with a condition to claim the amounts from the petitioners.



 


 
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Published in Civil Law
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